U.S. v. Brown, 3:18-CR-36-TAV-DCP-14. (2019)
Court: District Court, E.D. Tennessee
Number: infdco20190701d70
Visitors: 14
Filed: Jun. 28, 2019
Latest Update: Jun. 28, 2019
Summary: ORDER THOMAS A. VARLAN , District Judge . Defendant's sentencing implicates the Sixth Circuit's recent en banc decision in United States v. Havis, No. 17-5772, 2019 WL 2376070 (6th Cir. June 6, 2019). The hearing will therefore be CONTINUED . Accordingly, defendant's sentencing hearing is RESCHEDULED to Wednesday, July 17, 2019, at 11:00 a.m. Moreover, the parties are DIRECTED to simultaneously file supplemental briefs addressing the following question: • Does Tennessee's crim
Summary: ORDER THOMAS A. VARLAN , District Judge . Defendant's sentencing implicates the Sixth Circuit's recent en banc decision in United States v. Havis, No. 17-5772, 2019 WL 2376070 (6th Cir. June 6, 2019). The hearing will therefore be CONTINUED . Accordingly, defendant's sentencing hearing is RESCHEDULED to Wednesday, July 17, 2019, at 11:00 a.m. Moreover, the parties are DIRECTED to simultaneously file supplemental briefs addressing the following question: • Does Tennessee's crimi..
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ORDER
THOMAS A. VARLAN, District Judge.
Defendant's sentencing implicates the Sixth Circuit's recent en banc decision in United States v. Havis, No. 17-5772, 2019 WL 2376070 (6th Cir. June 6, 2019). The hearing will therefore be CONTINUED. Accordingly, defendant's sentencing hearing is RESCHEDULED to Wednesday, July 17, 2019, at 11:00 a.m.
Moreover, the parties are DIRECTED to simultaneously file supplemental briefs addressing the following question:
• Does Tennessee's criminal conspiracy statute, Tenn. Code Ann. § 39-12-103, as is applies to Tennessee's aggravated assault statute, Tenn. Code Ann. § 39-13-102, have "as an element the use, attempted use, or threatened use of physical force against the person of another," under the reasoning of United States v. Gloss, 661 F.3d 317, 318 (6th Cir. 2011)?
These briefs shall be filed within seven (7) days of entry of this order and should address at least that question, as well as any other matter relating to defendant's sentence post-Havis.
IT IS SO ORDERED.
Source: Leagle
