HabeasCorpus JusticiabilityDoctri
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?
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?