United States v. Herrold

Decision Date17 June 2019
Docket NumberNo. 17–1445.,17–1445.
Citation139 S.Ct. 2712 (Mem),204 L.Ed.2d 1107
Parties UNITED STATES, petitioner, v. Michael HERROLD.
CourtU.S. Supreme Court

On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Motion of respondent for leave to proceed in forma pauperis and petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Quarles v. United States, 587 U.S. ––––, 139 S.Ct. 914, 202 L.Ed.2d 640 (2019).

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9 cases
  • United States v. Brown
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • April 24, 2020
    ...to illegally remain. See United States v. Herrold , 883 F.3d 517, 531–36 (5th Cir. 2018) (en banc), vacated by ––– U.S. ––––, 139 S. Ct. 2712, 204 L.Ed.2d 1107 (2019). After the Supreme Court rejected that view, see Quarles , 139 S. Ct. at 1875, Michael Herrold made the argument that the Te......
  • United States v. Jackson
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • March 30, 2022
    ...the building. United States v. Herrold (Herrold I) , 883 F.3d 517, 532–36 (5th Cir. 2018) (en banc), vacated , ––– U.S. ––––, 139 S. Ct. 2712, 204 L.Ed.2d 1107 (2019). That precedent was short-lived. The following year, the Supreme Court resolved a circuit split and held that generic burgla......
  • Alejos-Perez v. Garland
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • March 22, 2021
    ...United States v. Herrold , 883 F.3d 517, 528, 529 (5th Cir. 2018) (en banc), vacated on other grounds , ––– U.S. ––––, 139 S. Ct. 2712, 204 L.Ed.2d 1107 (2019).18 See Nichols v. State , 52 S.W.3d 501, 503 (Tex. App.—Dallas 2001, no pet.) ; Nutt v. State , No. 01-17-00221-CR, 2018 WL 3580926......
  • Brown v. Plumley
    • United States
    • U.S. District Court — Eastern District of California
    • October 29, 2019
    ...Court subsequently vacated Herrold and remanded the matter in light of Quarles v. United States, 139 S. Ct. 1872 (2019). United States v. Herrold, 139 S. Ct. 2712 (2019). In Quarles, the Supreme Court addressed the "exceedingly narrow question" ofwhether remaining-in burglary (i) occurs onl......
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