No. 24-5957

Jeramy Davis v. United States

Lower Court: Seventh Circuit
Docketed: 2024-11-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split constitutional-law criminal-sentencing federal-jurisdiction statutory-interpretation subject-matter-jurisdiction
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2024-12-06
Question Presented (from Petition)

Question 1: The Circuit Courts are split over whether district courts have subject matter jurisdiction to impose a criminal sentence without a showing that the defendant committed an offense against the laws of the United States. Compare United States v. St. Hubert, 909 F.3d 335 (11th Cir. 2018) with United States v. De Vaughn, 694 F.3d 1141 (10th Cir. 2012).

The question presented by this Petition is:

Do district courts have subject matter jurisdiction to impose a criminal sentence in the absence of a showing that the defendant committed an offense against the laws of the United States?

Question 2: Does 18 U.S.C. § 924(c) violate the Second Amendment to the U.S. Constitution on its face?

Question Presented (AI Summary)

Do district courts have subject matter jurisdiction to impose a criminal sentence in the absence of a showing that the defendant committed an offense against the laws of the United States?

Docket Entries

2024-12-09
Petition DENIED.
2024-11-20
DISTRIBUTED for Conference of 12/6/2024.
2024-11-18
Waiver of right of respondent United States to respond filed.
2024-10-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 12, 2024)

Attorneys

Jeramy Davis
Jeramy Davis — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent