No. 20-6713

Danielle Devona Jones v. United States

Lower Court: Fourth Circuit
Docketed: 2020-12-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split criminal-law drug-trafficking due-process fifth-amendment firearm-offense grand-jury-indictment indictment section-924c statutory-interpretation
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Whether Section 924(c) criminalizes two separate offenses - 'carry or use' and 'possession in furtherance of' - and whether both elements must be explicitly charged in the indictment

Question Presented (OCR Extract)

QUESTIONS PRESENTED IS THERE AN ACKNOWLEDGED CONFLICT AMONG THE SISTER CIRCUITS AS TO WHETHER SECTION 924(c) GRIMINALIZES TWO SEPARATE OFFENSES (1) "CARRY OR USE" A FIREARM DURING AND RELATION TO A DRUG TRAFFICKING OR CRIME OF VIOLENCE AND (2) POSSESSING A FIREARM "IN FURTHERANCE OF" SUCH A CRIME: AND WHETHER BOTH ELEMENTS MUST BE EXPLICITLY CHARGED BY THE GRAND JURY TO SERVE PROTECTION OF THE FIFTH AMENDMENT; AVOIDING POST-GRAND JURY DECISIONS AND CROSS-MATCHING “POSSESSION” WITH "USE" OF THE GUN?

Docket Entries

2021-02-22
Petition DENIED.
2021-01-14
DISTRIBUTED for Conference of 2/19/2021.
2021-01-06
Waiver of right of respondent United States to respond filed.
2020-11-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 28, 2021)

Attorneys

Danielle Jones
Danielle Devona Jones — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent