No. 21-7733

Rashod Lewis v. United States

Lower Court: Second Circuit
Docketed: 2022-04-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 924(c) conviction-validity crime-of-violence criminal-procedure davis-precedent due-process sentencing statutory-interpretation statutory-offense united-states-v-davis vagueness-doctrine
Latest Conference: 2022-06-02
Question Presented (from Petition)

1) Can a conviction and punishment stand on a non-existent stat utory offense, based on it being dismissed?

2) Was Petitioner's 18 U.S.C. 924(c) (1)(A)(iii) conviction based crime of violence after the government and district court explicitly dismissed the drug trafficking crime, and during sentencing ... throughout the entice proceeding, adamantly express ed that their sentence was based on a crime of violence which would affect the vagueness of 924(c) former residual clause resolved through, United States v. Davis 139 S.Ct. 2319, 204 L.Ed.2d. 757 (2019)?on a

Question Presented (AI Summary)

can-conviction-stand-on-non-existent-offense

Docket Entries

2022-06-06
Petition DENIED.
2022-05-18
DISTRIBUTED for Conference of 6/2/2022.
2022-05-10
Waiver of right of respondent United States to respond filed.
2022-03-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 31, 2022)

Attorneys

Rashod Lewis
Rashod Lewis — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent