No. 20-6346

Demarcus D. Morris v. United States

Lower Court: Fifth Circuit
Docketed: 2020-11-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: controlled-substances criminal-procedure criminal-sentencing double-jeopardy drug-conspiracy due-process fifth-amendment indictment-vagueness rico rico-statute sentencing
Key Terms:
FifthAmendment
Latest Conference: 2021-01-08
Question Presented (from Petition)

1) Count One (RICO) of the Indictment is unconstitutionally vague.

2) Count Two (Conspiracy to Distribute Controlled Substances) of the Indictment is unconstitutionally vague.

3) The evidence failed to support the three convictions for distribution of crack cocaine.

4) The Trial Court committed legal error by not requiring the jury to identify the specific predicate acts of "racketeering activity" in the Verdict Form.

5) The grouping of convictions for sentencing purposes constitutes multiple punishment for the same conduct and therefore violates the Double Jeopardy Clause of the Fifth Amendment.

Question Presented (AI Summary)

Whether the RICO and drug conspiracy counts in the indictment are unconstitutionally vague, whether the evidence supports the crack cocaine distribution convictions, whether the trial court erred in not requiring the jury to identify the RICO predicate acts, and whether the sentencing grouping violates double jeopardy

Docket Entries

2021-01-11
Petition DENIED.
2020-12-10
DISTRIBUTED for Conference of 1/8/2021.
2020-12-02
Waiver of right of respondent United States to respond filed.
2020-11-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 17, 2020)

Attorneys

Demarcus Deandre Morris
joseph w greenwald Jr.Greenwald Law Firm, LLC, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent