No. 20-6713

Danielle Devona Jones v. United States

Lower Court: Fourth Circuit
Docketed: 2020-12-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split criminal-law drug-trafficking due-process fifth-amendment firearm-offense grand-jury-indictment indictment section-924c statutory-interpretation
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-02-19
Question Presented (from Petition)

IS THERE AN ACKNOWLEDGED CONFLICT AMONG THE SISTER CIRCUITS AS TO WHETHER SECTION 924(c) CRIMINALIZES TWO SEPARATE OFFENSES (1) "CARRY OR USE" A FIREARM DURING AND RELATION TO A DRUG TRAFFICKING OR CRIME OF VIOLENCE AND (2) POSSESSING A FIREARM "IN FURTHERANCE OF" SUCH A CRIME: AND WHETHER BOTH ELEMENTS MUST BE EXPLICITLY CHARGED BY THE GRAND JURY TO SERVE PROTECTION OF THE FIFTH AMENDMENT; AVOIDING POST-GRAND JURY DECISIONS AND CROSS-MATCHING "POSSESSION" WITH "USE" OF THE GUN?

Question Presented (AI Summary)

Whether Section 924(c) criminalizes two separate offenses - 'carry or use' and 'possession in furtherance of' - and whether both elements must be explicitly charged in the indictment

Docket Entries

2021-02-22
Petition DENIED.
2021-01-14
DISTRIBUTED for Conference of 2/19/2021.
2021-01-06
Waiver of right of respondent United States to respond filed.
2020-11-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 28, 2021)

Attorneys

Danielle Jones
Danielle Devona Jones — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent