US Court of Appeals for the Fifth Circuit Opinions In Re: Travis Harris Docket: 19-51045 Opinion Date: February 25, 2021 Judge: Per Curiam Areas of Law: Criminal Law Movant seeks authorization to file a successive 28 U.S.C. 2255 motion challenging his conviction and sentence under 18 U.S.C. 924(c)(1)(A) for using and possessing a destructive device during and in relation to a crime of violence. Movant argues that his conviction should be vacated because the predicate offense for his conviction, arson in violation of 18 U.S.C. 844(i), qualified as a "crime of violence" only under the residual clause in section 924(c)(3)(B), which pursuant to United States v. Davis, 139 S. Ct. 2319, 2325–26, 2336 (2019), is unconstitutionally vague. The Fifth Circuit concluded that movant has made a sufficient showing of possible merit to warrant a fuller exploration by the district court, and ordered that the motion be granted. Read Opinion
0 Comments
Leave a Reply. |
Louisiana Law BlogLouisiana Law, News, Issues and Comments from Attorneys at the Shoultz Law Firm Archives
October 2024
Categories |