Supreme Court of the United States · Official docket →

Avery Terry v. United States

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 15-4564 · judgment January 6, 2020

Certiorari denied · June 15, 2020

Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

WHETHER THE COURT OF APPEALS ERRED IN DISMISSING THE APPEAL PURSUANT TO AN INVALID APPEAL WAIVER, AFTER MAKNG ERRONEOUS FINDINGS, OVERLOOKING AND MISAPPREHENDING PRECEDENTIAL LAW, IN AN EFFORT TO CIRCUMVENT THE HOLDING IN DAVIS, THAT THE RESIDUAL CLAUSE OF 18 U.S.C. § 924(c) IS UNCONSTITUTIONALLY VAGUE, APPLYING THE FORCE CLAUSE OF 924(c) IN ORDER TO FIND THAT HOBBS ACT ROBBERY CONSTITUTES A CRIME OF VIOLENCE.

Counsel of record

For petitioner
Linda S. Sheffield
Attorney at Law

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

Jun 15 2020
Petition DENIED.
May 26 2020
DISTRIBUTED for Conference of 6/11/2020.
May 18 2020
Waiver of right of respondent United States of America to respond filed.
Apr 02 2020
Petition for a writ of certiorari filed. (Response due June 11, 2020)