No. 18-9325

Davion L. Jefferson v. United States

Lower Court: Tenth Circuit
Docketed: 2019-05-17
Status: GVR
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: 18-usc-924c constitutional-rights crime-of-violence directed-verdict due-process jury-trial jury-trial-clause sentencing-enhancement sixth-amendment statutory-interpretation
Key Terms:
DueProcess Privacy
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (from Petition)

I. Did the district court violate the Fifth Amendment's Due Process Clause and the Sixth Amendment's Jury Trial Clause when it directed a verdict on 18 U.S.C. § 924(c)'s "crime-of-violence" element?

II. In light of a recent Congressional clarification of 18 U.S.C. § 924(c)(1)(C), should this Court overrule Deal v. United States, 508 U.S. 129 (1993)?

Question Presented (AI Summary)

Whether the district court violated the Fifth Amendment's Due Process Clause and the Sixth Amendment's Jury Trial Clause by directing a verdict on 18 U.S.C. § 924(c)'s 'crime-of-violence' element

Docket Entries

2020-02-14
JUDGMENT ISSUED.
2020-01-13
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for the court to consider the First Step Act of 2018, Pub. L. No. 115-391 (2018).
2019-12-05
DISTRIBUTED for Conference of 1/10/2020.
2019-12-03
Reply of petitioner Davion Jefferson filed.
2019-11-20
Brief of respondent United States of America in opposition filed.
2019-10-17
Motion to extend the time to file a response is granted and the time is extended to and including November 20, 2019.
2019-10-16
Motion to extend the time to file a response from October 21, 2019 to November 20, 2019, submitted to The Clerk.
2019-09-20
Response Requested. (Due October 21, 2019)
2019-09-11
Supplemental brief of petitioner Davion Jefferson filed. (Distributed)
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2019-06-03
Waiver of right of respondent United States of America to respond filed.
2019-05-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2019)

Attorneys

Davion Jefferson
Daniel Tyler HansmeierFederal Public Defender's Office for the District of Kansas, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent