No. 19-5260

Michael Levon Jackson v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-07-19
Status: GVR
Type: IFP
IFP
Tags: 18-usc-922g acquittal constitutional-law constitutional-rights criminal-procedure due-process element-of-crime jury-instruction jury-instructions jury-unanimity reasonable-doubt sentencing
Latest Conference: 2019-10-01
Question Presented (from Petition)

Question One
The Constitution requires that a jury find every element of the crime
beyond a reasonable doubt. The district court, however, did not properly
instruct the jury concerning the intent elements of 18 U.S.C. § 922(g), hence
the jury did not have an opportunity to render an accurate verdict.
Does an inaccurate jury instruction on an element of a crime violate due
process of law?

Question Two
The Constitution requires a jury to unanimously find every element of a
crime beyond a reasonable doubt before a court may punish an individual. This
Court, however, permits a court to determine punishment based on a lower
standard and allows a court to consider conduct for which a jury acquitted the
individual.
Does the Constitution allow a district judge to effectively nullify a jury
finding of acquittal?

Question Presented (AI Summary)

Does an inaccurate jury instruction on an element of a crime violate due process of law?

Docket Entries

2019-11-08
JUDGMENT ISSUED.
2019-10-07
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 Rehaif v. United States, 588 U. S. ___ (2019).
2019-09-05
DISTRIBUTED for Conference of 10/1/2019.
2019-08-19
Memorandum of respondent United States filed.
2019-07-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 19, 2019)
2019-05-07
Application (18A1141) granted by Justice Thomas extending the time to file until July 15, 2019.
2019-04-22
Application (18A1141) to extend the time to file a petition for a writ of certiorari from May 16, 2019 to July 15, 2019, submitted to Justice Thomas.

Attorneys

Michael Jackson
Michael Levon Jackson — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent