No. 19-7776

Mickel L. Marzouk v. United States

Lower Court: Fourth Circuit
Docketed: 2020-02-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 924(c) crime-of-violence criminal-procedure criminal-sentencing due-process elements-clause fair-sentencing-act fourth-circuit hobbs-act rule-of-lenity sentencing sentencing-enhancement statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-03-27
Question Presented (AI Summary)

Whether Petitioner's sentence on the second § 924(c) conviction and twenty-five year sentence enhancement was incorrectly affirmed

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioner Mickel L. Marzouk presents two questions for this Court’s review: 1. Whether Petitioner’s sentence on the second § 924(c) conviction and twenty-five year sentence enhancement was incorrectly affirmed in the Fourth Circuit in light of the Fair Sentencing Acts’ clarification that the twenty-five year enhancement only applies to those who have previously been convicted and served a sentence for such an offense? 2. Whether Hobbs Act robbery under 18 U.S.C. § 1951(a) can serve as a predicate crime of violence under the elements clause of 18 U.S.C. § 924(c)(3)?

Docket Entries

2020-03-30
Petition DENIED.
2020-03-12
DISTRIBUTED for Conference of 3/27/2020.
2020-03-06
Waiver of right of respondent United States of America to respond filed.
2020-02-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 26, 2020)

Attorneys

Mickel Marzouk
Amy Leigh AustinThe Law Office of Amy L. Austin, PLLC, Petitioner
Amy Leigh AustinThe Law Office of Amy L. Austin, PLLC, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent