No. 23-6263

Freddy Abad v. United States

Lower Court: Second Circuit
Docketed: 2023-12-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 924(c) 924(j) criminal-charging criminal-procedure double-jeopardy federal-criminal-law lora-v-united-states robbery-conspiracy sentencing-enhancement statutory-interpretation unit-of-prosecution united-states-v-davis
Latest Conference: 2024-01-19
Question Presented (from Petition)

1). Whether the two §§ 924(C), 924(J) Counts Five and Six, were based
on a single "unit of prosectution ," this court should hold that
they were; under, United States v. Davis, 139 S. Ct. 1843 (2019),
and Lora v. United States, 143 S. Ct. 1713 (2023).

2). Whether a defendant be charged in both Robbery and Robbery
Conspiracy, to be connected to the 924(C) and (j), when it cannot
be punished with both under the same conduct; because conspiracy
is no longer a crime of violence, under United States v.Davis ,
and Lora v. United States.

3). Whether a defendant be charged in both Robbery and Robbery
Conspiracy when the indictment and Jury instructions clearly show
they were connected to the 924(C) and (J).

Question Presented (AI Summary)

Whether the two §$§ 924(C), 924(J) Counts Five and Six, were based on a single 'unit of prosectution

Docket Entries

2024-01-22
Petition DENIED.
2024-01-04
DISTRIBUTED for Conference of 1/19/2024.
2023-12-29
Waiver of right of respondent United States to respond filed.
2023-12-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 16, 2024)

Attorneys

Freddy Abad
Freddy Abad — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent