Jean Carlo Ferreira v. United States
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).
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)