No. 20-291
Tags: circuit-split crack-cocaine criminal-sentencing fair-sentencing-act first-step-act sentencing-penalties statutory-interpretation
Key Terms:
JusticiabilityDoctri
JusticiabilityDoctri
Latest Conference:
2021-06-17
(distributed 3 times)
Question Presented (from Petition)
Does the term "covered offense" in the First Step Act of 2018 include violations of 21 U.S.C. § 841(a) involving crack cocaine to which apply the penalties in Subparagraph (b)(1)(C) (as the First, Fourth, and Seventh Circuits have determined) or not (as the Third, Sixth, Tenth, and Eleventh Circuits have held)?
Question Presented (AI Summary)
Does the term 'covered offense' in the First Step Act of 2018 include violations of 21 U.S.C. § 841(a) involving crack cocaine to which apply the penalties in Subparagraph (b)(1)(C)
Docket Entries
2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2021-03-15
Letter of March 15, 2021 from counsel for petitioner filed.
2021-01-04
DISTRIBUTED for Conference of 1/8/2021.
2020-12-07
Supplemental brief of petitioner Jamell Birt filed. (Distributed)
2020-11-24
DISTRIBUTED for Conference of 12/11/2020.
2020-11-24
Reply of petitioner Jamell Birt filed. (Distributed)
2020-11-19
Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5. filed.
2020-11-18
Brief of respondent United States in opposition filed.
2020-10-29
Motion to extend the time to file a response is granted and the time is further extended to and including November 18, 2020.
2020-10-28
Motion to extend the time to file a response from November 4, 2020 to November 18, 2020, submitted to The Clerk.
2020-10-05
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2020-10-05
Brief amici curiae of American Civil Liberties Union, et al. filed.
2020-10-02
Motion to extend the time to file a response is granted and the time is extended to and including November 4, 2020.
2020-09-30
Motion to extend the time to file a response from October 5, 2020 to November 4, 2020, submitted to The Clerk.
2020-09-01
Petition for a writ of certiorari filed. (Response due October 5, 2020)
Attorneys
American Civil Liberties Union, The ACLU of Pennsylvania, The Rutherford Institute, and the R Street Institute
Jamell Birt
Zachary Charles Schauf — Jenner & Block, LLP, Petitioner
National Association of Criminal Defense Lawyers
David Jacob Zimmer — Goodwin Procter LLP, Amicus
United States
Elizabeth B. Prelogar — Acting Solicitor General, Respondent