No. 24-5829

Ricky Donnell Abner v. United States

Lower Court: Fourth Circuit
Docketed: 2024-10-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constructive-amendment criminal-procedure drug-trafficking due-process geographical-location section-924c
Key Terms:
AdministrativeLaw DueProcess
Latest Conference: 2024-11-22
Question Presented (from Petition)

1. Does the §924(c) (1)(A) 'Possession In furtherance of' offense conduct require geographical location be proved as alleged in indictment, when ONE POSSESSION is specified to have occurred on or about the same date simultaneously in two different states?

2. Can the government idict. me for one charge of 'Possession' of a firearm 'In furtherance of' a drug trafficking crime, but theorize its trial case as if it charged me with §924(o) 'Conspiracy to possess a firearm' 'In furtherance of', and/or 'Use and Carry 'Duriny and in relation to' a drug traffickiny crime'?

3. Does this court's ruling in United States v. Rodri^uez-Moreno , 526 U.S. 275 (1999) Venue ruling, apply to my case, since Rodriguez was of a firearm charged with Use and Carry' of a firearm 'During and In Relation to' a crime of violence, but I was charged with ONE COUNT of 'Possession In furtherance' of a drug conspiracy, alleged to have operated in another state?

4. Can the Congress legislated definition in §924(c) (1)(A)'s "Any Drug Trafficking Offense" content, act as a prophylactic to shield an unqualified 'Conspiracy' predicate, deemed not to meet the Model Penal Code Categorical Aoproach requirement, and continue to penalize me with 25-years leaving me no Due Process to defend ayainst its application?

5. Is the §924(c) possession 'In furtherance ofoffense conduct element Unconstitutionally Vague, and infringing upon my due process, in light of the fact(s) that: there are Circuit wide conflicting standards of proving conduct; Since its enactment it has given jurors a great degree of guess uork and imagined scenarios to determine like mine it B'Nexus', and in cases ave the fjovernment the advantaye furtherance of' conspiracy acts with theto mix the 'in 'in furtherance of' firearm inlj a presumptive guilt in the mind of the jurors? possession acts, caus

6. Does the Fourth Circuit's rulinN inmy case, affirming my conviction based on the liJRONG offense conduct constitute aTravesty of Justice', calling for a panel rehearing en banc, to re-examine the trial record?

Question Presented (AI Summary)

Whether a §924(c) 'Possession In furtherance of' offense requires geographical location proof when possession is alleged to have occurred simultaneously in two different states, and whether the government can indict for one charge but theorize a different trial strategy involving conspiracy and firearm possession

Docket Entries

2024-11-25
Petition DENIED.
2024-11-07
DISTRIBUTED for Conference of 11/22/2024.
2024-10-30
Waiver of right of respondent United States to respond filed.
2024-10-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 25, 2024)
2024-07-23
Application (24A70) granted by The Chief Justice extending the time to file until October 11, 2024.
2024-06-21
Application (24A70) to extend the time to file a petition for a writ of certiorari from August 12, 2024 to October 11, 2024, submitted to The Chief Justice.

Attorneys

Ricky D. Abner
Ricky Donnell Abner — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent