No. 21-6320
Devon Carl Jordan-McFeely v. United States
Tags: ambiguous-statute criminal-procedure divisibility divisibility-inquiry federal-court federal-sentencing-enhancement sentencing-enhancement state-court state-law state-law-interpretation statutory-ambiguity supreme-court-precedent
Key Terms:
HabeasCorpus
HabeasCorpus
Latest Conference:
2022-01-07
Question Presented (from Petition)
When a state statute is ambiguous as to its divisibility at the time of the defendant's state conviction, may a federal court certify the divisibility inquiry to state court and rely on the newly created judicial interpretation of state law to enhance a defendant's federal sentence?
Question Presented (AI Summary)
Whether a federal court may certify the divisibility inquiry to state court and rely on the newly created judicial interpretation of state law to enhance a defendant's federal sentence when the state statute is ambiguous as to its divisibility at the time of the defendant's state conviction
Docket Entries
2022-01-10
Petition DENIED.
2021-12-02
DISTRIBUTED for Conference of 1/7/2022.
2021-11-29
Waiver of right of respondent United States of America to respond filed.
2021-11-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 17, 2021)
Attorneys
Devon Jordan-McFeely
Amy B. Cleary — Federal Public Defender, District of Nevada, Petitioner
United States of America
Elizabeth B. Prelogar — Solicitor General, Respondent