No. 19-6420

Christopher Mark Heath v. United States

Lower Court: Third Circuit
Docketed: 2019-10-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: conspiracy conspiracy-law criminal-law criminal-statute drug-trafficking firearm-possession firearms mandatory-minimum sentencing sentencing-enhancement statutory-interpretation
Latest Conference: 2019-12-06
Question Presented (from Petition)

The mere presence of a firearm at the scene of a drug trafficking offense constitutes possession of the firearm "in furtherance of" the conspiracy for purposes of 18 U.S.C. § 924(c), sufficient to support conviction of the firearm's owner and imposition of a five-year mandatory term of imprisonment under that provision.

Question Presented (AI Summary)

Whether the mere presence of a firearm at the scene of a drug trafficking offense constitutes possession of the firearm 'in furtherance of' the conspiracy for purposes of 18 U.S.C. § 924(c)

Docket Entries

2019-12-09
Petition DENIED.
2019-11-14
DISTRIBUTED for Conference of 12/6/2019.
2019-11-05
Waiver of right of respondent United States of America to respond filed.
2019-10-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 29, 2019)

Attorneys

Christopher Mark Heath
Quin M. SorensonFederal Public Defender's Office, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent