Kelby Germaine Parson v. United States
HabeasCorpus Securities
Whether 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague
QUESTION PRESENTED FOR REVIEW 18 U.S.C. § 924(c) criminalizes brandishing a firearm during and in relation to a crime of violence, or possessing a firearm in furtherance of such an underlying crime. A first conviction under § 924(c) carries a seven-year mandatory minimum penalty. This petition presents the following questions: L Whether Petitioner is entitled to relief on his claim that 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague and his conviction under 18 U.S.C. § 924(c) was obtained in violation of due process. Il. Whether the Eleventh Circuit erred under Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003) and Buck v. Davis, 1387 S. Ct. 759, 773-74 (2017), by denying Petitioner a certificate of appealability based on adverse circuit precedent, when the issue was nonetheless being debated among jurists around the country -and has since been resolved in Petitioner’s favor. i INTERESTED PARTIES There are no