No. 21-5874

Warren Lavell Jackson v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-10-04
Status: GVR
Type: IFP
Relisted (3)IFP Experienced Counsel
Tags: apprendi-rule apprendi-v-new-jersey constitutional-law constitutional-precedent covered-offense criminal-sentencing fair-sentencing-act first-step-act sentencing-reduction statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2022-09-28 (distributed 3 times)
Question Presented (from Petition)

Whether the "as if" language in Section 404(b) of the First Step Act requires a sentencing court to disregard intervening, but well-established constitutional precedent (i.e., Apprendi v. New Jersey, 530 U.S. 466 (2000)), in determining the revised statutory penalties for a "covered offense".

Question Presented (AI Summary)

Whether the 'as if' language in Section 404(b) of the First Step Act requires a sentencing court to disregard intervening, but well-established constitutional precedent (i.e., Apprendi v. New Jersey, 530 U.S. 466 (2000)), in determining the revised statutory penalties for a 'covered offense'

Docket Entries

2022-11-04
Judgment issued.
2022-10-03
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Concepcion</i> v. <i>United States</i>, 597 U. S. ___ (2022). Justice Kagan took no part in the consideration or decision of this motion and this petition.
2022-09-12
DISTRIBUTED for Conference of 9/28/2022.
2022-06-29
DISTRIBUTED for Conference of 6/29/2022.
2021-12-23
DISTRIBUTED for Conference of 1/7/2022.
2021-12-16
Reply of petitioner Warren Jackson filed.
2021-12-03
Memorandum of respondent United States filed.
2021-10-28
Motion to extend the time to file a response is granted and the time is extended to and including December 3, 2021.
2021-10-27
Motion to extend the time to file a response from November 3, 2021 to December 3, 2021, submitted to The Clerk.
2021-09-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 3, 2021)

Attorneys

United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Warren Jackson
Tracy M. DreispulFederal Public Defender Southern District of Florida, Petitioner