No. 20-8036

Antonio Kevin McKoy v. United States

Lower Court: Fourth Circuit
Docketed: 2021-05-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: continuing-criminal-enterprise criminal-procedure drug-penalties fourth-circuit-review jury-instructions plain-error sentencing-enhancements special-verdict
Latest Conference: 2021-06-10
Question Presented (from Petition)

WHETHER THE JURY SHOULD BE REQUIRED TO RETURN A SPECIAL
VERDICT FORM ADDRESSING ALL ESSENTIAL ELEMENTS OF
CONTINUING CRIMINAL ENTERPRISE (CCE), IN THAT A CCE
CONVICTION SUBSTANTIALLY RAISES THE MAXIMUM AND
MINIMUM PENALTIES IN DRUG CASES; AND WHETHER THE
DISTRICT COURT COMMITTED PLAIN ERROR IN FAILING TO SUBMIT
A SPECIAL VERDICT FORM, AND WHETHER THE FOURTH CIRCUIT
ERRED IN HOLDING IT WAS NOT REQUIRED.

Question Presented (AI Summary)

Whether the jury should be required to return a special verdict form addressing all essential elements of continuing criminal enterprise (CCE), in that a CCE conviction substantially raises the maximum and minimum penalties in drug cases

Docket Entries

2021-06-14
Petition DENIED.
2021-05-26
DISTRIBUTED for Conference of 6/10/2021.
2021-05-21
Waiver of right of respondent United States to respond filed.
2021-05-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 16, 2021)

Attorneys

Antonio McKoy
Rudolph Alexander Ashton IIIDunn, Pittman, Skinner & Cushman, PLLC, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent