Supreme Court of the United States · Official docket →

United States v. Marvin Lewis

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-50526 · judgment November 1, 2018

Certiorari denied · June 28, 2019

Pre-decision estimate: 44% cert probability (95% interval 33%–55%)

Before the decision, about 10.5× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Fifth Circuit decision below.

Question presented

Whether the subsection-specific definition of “crime of violence” in 18 U.S.C. 924(c)(3)(B), which applies only in the limited context of a federal criminal prosecution for possessing, using, or carrying a firearm in connection with acts comprising such a crime, is unconstitutionally vague. (I)

Counsel of record

For petitioner
Noel John Francisco
Jones Day

For respondent
Philip J. Lynch
Law Offices of Phil Lynch

Case

Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 3 conferences

Order
Miscellaneous order, June 28, 2019 · Certiorari denied

Proceedings

Jun 28 2019
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jun 28 2019
Petition DENIED.
Jun 26 2019
DISTRIBUTED for Conference of 6/27/2019.
Apr 30 2019
DISTRIBUTED for Conference of 5/16/2019.
Apr 22 2019
Reply of petitioner United States filed.
Apr 10 2019
Brief of respondent Marvin Lewis in opposition filed.
Apr 10 2019
Motion for leave to proceed in forma pauperis filed by respondent Marvin Lewis.
Apr 01 2019
Response Requested. (Due May 1, 2019)
Mar 20 2019
DISTRIBUTED for Conference of 4/12/2019.
Jan 29 2019
Petition for a writ of certiorari filed. (Response due February 28, 2019)