No. 20-7068

Jerry Davis v. United States

Lower Court: Fourth Circuit
Docketed: 2021-02-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights conspiracy criminal-procedure discretionary-sentencing drug-convictions drug-crimes due-process first-step-act sentencing sentencing-reduction statutory-interpretation
Latest Conference: 2021-03-19
Question Presented (from Petition)

Whether the 4thCircuit Court of Appeals created a Cirauit split by affiomingthe District
Courts reuson to ceny his motion for a sentence reduction under the First step
ACt of 2018, PU6. L. 1P5-391, 132 Sta+.5194, 5222

Whetler Petitioner's( DAvis) Convictionfor conspiracytoPossess with intent +o
distribute powder Concaine constitutes a "Covered offense"that makes him eligible
for relief under the First Step Act when he was indicted also for Crack The
Same Count I in which he Pled guiltyo

258 (CA4-2o2o)-MixedCrack and Powder Cocaine Conspiriacies Constitute
"Covered offenses" within the meaning of the 2o18 First Step Act,rendering
a defendent legally eligible for a discretionary sentence reduction.

Question Presented (AI Summary)

Whether the U.S. Circuit Court of Appeals created a circuit split by declining to find that the defendant's conviction for a mixed crack and powder cocaine conspiracy constitutes a 'covered offense' under the First Step Act, rendering him eligible for a discretionary sentence reduction

Docket Entries

2021-03-22
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2021-02-18
Waiver of right of respondent United States to respond filed.
2021-01-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 8, 2021)

Attorneys

Jerry Davis
Jerry Davis — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent