No. 21-5248

Davion L. Jefferson v. United States

Lower Court: Tenth Circuit
Docketed: 2021-07-29
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: 5th-amendment 6th-amendment crime-of-violence directed-verdict due-process jury-instructions jury-trial sixth-amendment statutory-interpretation
Latest Conference: 2021-10-08
Question Presented (from Petition)

I. Did the district court violate the Fifth Amendment's Due Process Clause and the
Sixth Amendment's Jury Trial Clause when it directed a verdict on 18 U.S.C.
§ 924(c) 's "crime-of-violence" element, without instructing the jury that it had to
find an element of violent force to convict on the underlying robbery counts?

II. Whether Section 403 of the First Step Act of 2018 applies to defendants with direct
appeals pending at the time of the Act's enactment?

III. In light of Congress's enactment of Section 403 of the First Step Act, should this
Court overrule Deal v. United States, 508 U.S. 129 (1993)?

Question Presented (AI Summary)

Did the district court violate the Fifth Amendment's Due Process Clause and the Sixth Amendment's Jury Trial Clause

Docket Entries

2021-10-12
Petition DENIED.
2021-09-16
DISTRIBUTED for Conference of 10/8/2021.
2021-09-14
Reply of petitioner Davion Jefferson filed. (Distributed)
2021-08-30
Memorandum of respondent United States filed.
2021-07-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2021)

Attorneys

Davion Jefferson
Daniel Tyler HansmeierFederal Public Defender's Office for the District of Kansas, Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent