No. 21-5595

Jovan Marquis Harris v. United States

Lower Court: Eighth Circuit
Docketed: 2021-09-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burrage-standard burrage-v-united-states causation criminal-law criminal-statute drug-crimes drug-distribution due-process overdose proximate-cause sentencing sentencing-enhancement
Key Terms:
AdministrativeLaw Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-10-08
Question Presented (from Petition)

1.) WHETHER, FOR PURPOSES OF TITLE 21 U.S.C. §841(A)(1) AND
(B)(1) (C)'S ENHANCED PENALTY "IF DEATH RESULTS " FROM THE USE
OF A SUBSTANCE, REQUIRES PROOF THAT THE PETITIONER WAS THE
PROXIMATE CAUSE OF THAT DEATH?

2.) WHETHER THE COURT BELOW MISAPPLIED THIS COURT'S HOLDING
IN BURRAGE V. UNITED STATES , 571 U.S. 204 (2014), WHEN IT
AFFIRMED PETITIONER'S CONVICTION, WHICH WAS BASED ON THE
STANDARD OF MORE-LIKELY-THAN-NOT THE VICTIM OVERDOSED ON
PETITIONER'S DRUGS?

Question Presented (AI Summary)

whether-the-enhanced-penalty-for-death-resulting-from-use-of-a-substance-requires-proof-of-proximate-cause

Docket Entries

2021-10-12
Petition DENIED.
2021-09-23
DISTRIBUTED for Conference of 10/8/2021.
2021-09-16
Waiver of right of respondent United States to respond filed.
2021-07-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 8, 2021)

Attorneys

Jovan Marquis Harris
Jovan Marquis Harris — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent