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Eddie Lamont Lipscomb v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 18-11168 · judgment December 8, 2020


GVR'd · October 4, 2021

Questions presented

  1. Whether simple robbery under Texas Penal Code § 29.02 remains a “violent felony” without the Armed Career Criminal Act’s unconstitutional residual clause, 18 U.S.C. § 924(e)(2)(B)(ii). 2. Whether burglary under Texas Penal Code § 30.02 remains a violent felony without the Armed Career Criminal Act’s unconstitutional residual clause.

Counsel of record

For petitioner
James Matthew Wright
Office of the Federal Public Defender

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
21A54

Proceedings

  1. Oct 18 2021
    JUDGMENT ISSUED.
  2. Oct 13 2021
    UPON CONSIDERATION of the application of counsel for the applicant, IT IS ORDERED that the order of this Court and a certified copy of the judgment shall issue to the United States Court of Appeals for the Fifth Circuit three days after the entry of this order.
  3. Oct 04 2021
    Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Borden v. United States, 593 U. S. ___ (2021).
  4. Oct 04 2021
    Application (21A54) to issue the judgment forthwith, submitted to Justice Alito.
  5. Jul 29 2021
    DISTRIBUTED for Conference of 9/27/2021.
  6. Jul 12 2021
    Memorandum of respondent United States filed.
  7. Jun 03 2021
    Motion to extend the time to file a response is granted and the time is extended to and including July 12, 2021.
  8. Jun 02 2021
    Motion to extend the time to file a response from June 10, 2021 to July 12, 2021, submitted to The Clerk.
  9. May 07 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2021)