No. 19-5750

Felix A. Okafor v. United States

Lower Court: Fourth Circuit
Docketed: 2019-08-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-924(c)(1)(A) criminal-law cruel-and-unusual-punishment firearms-offense first-step-act sentencing statutory-interpretation
Key Terms:
Punishment
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether petitioner's 3167 month sentence imposed as a result of this court's misinterpretation of the stacking provisions of 18 U.S.C. 924(c)(1)(A) is cruel and unusual punishment

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW : I. WHETHER PETITIONER'S 3167 MONTH SENTENCE IMPOSED AS A RESULT OF THIS COURT'S MISINTERPRETATION OF THE STACKING PROVISIONS OF 18 U.S.C. 924(c)(1)(A)(@® IS CRUEL AND UNUSUAL PUNISHMENT PARTICULARLY IN LIGHT OF THE FIRST STEP ACT'S DESCRIPTION OF THE AMENDMENT AS A CLARIFICATION OF THE ORIGINAL MEANING OF 924(c)(1)(A)(i) DECLARING THE INTENT OF CONGRESS WAS TO MAKE THE STACKING PROVISIONS APPLICABLE TO FINAL CONVICTIONS ONLY?

Docket Entries

2019-10-07
Petition DENIED.
2019-09-12
DISTRIBUTED for Conference of 10/1/2019.
2019-09-05
Waiver of right of respondent United States to respond filed.
2019-08-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 30, 2019)

Attorneys

Felix Okafor
Cheryl J. SturmAttorney at Law, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent