No. 21-7509

Jean Carlo Ferreira v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-03-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split civil-rights constitutional-vagueness criminal-procedure criminal-statute davis-precedent due-process jury-instruction procedural-default sentencing standing vagueness
Latest Conference: 2022-04-29
Question Presented (from Petition)

Whether the Court should address the Circuit Split regarding whether, and under what circumstances, a movant's procedural default can be excused because his constitutional vagueness challenge was "not reasonably available" prior to United States v. Davis, 139 S. Ct. 2319 (2019).

Whether a general verdict on a Section 924(c) conviction can or cannot stand when it is based on a jury instruction that allowed the jury to rely upon two predicates -- one under the valid "elements clause" and the other under the later invalidated as unconstitutionally vague residual clause" -- when the courts find them "inextricably intertwined."

Whether a lower court ruling that a jury instruction allowed a jury to find a defendant guilty of his Section 924(c) offense based on his codependent conduct in furtherance of "Conspiracy to Commit Hostage Taking and Conspiracy to Commit Carjacking" violates this Court's decision in United States v. Davis, 139 S. Ct. 2319 (2019).

Question Presented (AI Summary)

Whether the Court should address the Circuit Split regarding whether, and under what circumstances, a movant's procedural default can be excused because his constitutional vagueness challenge was 'not reasonably available' prior to United States v. Davis, 139 S. Ct. 2319 (2019)

Docket Entries

2022-05-02
Petition DENIED.
2022-04-14
DISTRIBUTED for Conference of 4/29/2022.
2022-04-08
Waiver of right of respondent United States to respond filed.
2022-03-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 2, 2022)

Attorneys

Jean Carlo Ferreira
Jean Carlo Ferreira — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent