No. 21-5867

James Dean Kendrick v. United States

Lower Court: Second Circuit
Docketed: 2021-10-04
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: aiding-abetting aiding-and-abetting-liability criminal-jurisdiction criminal-procedure indian-reservation indian-reservations sentencing-guidelines title-21-usc title-21-usc-section-841(b)(1)(A) title-21-usc-section-848(e)(1)(A) title-21-usc-section-848(g)-(p)
Latest Conference: 2022-01-07 (distributed 2 times)
Question Presented (from Petition)

1. Can the Government's alleged motive for the murder of a non-Indian committed by another non-Indian, which occurred on the Cattaraugus Indian Reservation, in Erie County, within the State of New York, and the Criminal Statutes (Title 21, United State Code, Section 848(e)(1)(A); and 841 (b)(1)(A), which set forth the Government's alleged motive for the murder), override 139-years of this Court's precedent as to criminal jurisdiction on Indian Reservations, giving the District Court for the Western District of New York (Rochester) criminal jurisdiction over such a murder?

2. When Congress repealed Title 21 U,S.C. Section 848 subsections (g) through (p), which includes subsection (m), did Congress intend to narrow liability for Title 21 U.S.C. Section 848(e)(1)(A) Counts, to exclude Aiding and Abetting liability from Title 21 U.S.C. Section 848(e)(1)(A) Counts?; and

3. Can a defendant be convicted for murder under Title 21 U.S^C. Section 848(e)(1)(A), based on Aiding and Abetting liability?

4. Can a defendant be sentenced to life in prison, fora conviction under Title 21 U.S.C. Section 848(a), if the Government's proof at Trial does not meet the requirements of Title 21 U.S.C. Section 848(b)(2)(A); or 848(b)(2)(B)?

Question Presented (AI Summary)

Can-the-Government's-alleged-motive-for-the-murder-of-a-non-Indian-committed-by-another-non-Indian-override-139-years-of-this-Court's-precedent-as-to-criminal-jurisdiction-on-Indian-Reservations

Docket Entries

2022-01-10
Rehearing DENIED.
2021-12-22
DISTRIBUTED for Conference of 1/7/2022.
2021-12-03
Petition for Rehearing filed.
2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-10-21
Waiver of right of respondent United States to respond filed.
2021-08-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 3, 2021)

Attorneys

James Kendrick
James Dean Kendrick — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent