No. 20-6841

Steven Jones v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-01-12
Status: Denied
Type: IFP
IFP
Tags: apprendi apprendi-standard circuit-split covered-offense drug-quantity federal-criminal-statute first-step-act sentencing sentencing-range statutory-penalties
Latest Conference: 2021-05-13
Question Presented (from Petition)

I. Whether "statutory penalties" in § 404(a) of the First Step Act modifies the entire phrase – "a violation of a Federal criminal statute" – as the Eleventh Circuit held below, or whether that phrase instead modifies the last antecedent – "a Federal criminal statute" – as every other Circuit has held?

II. Whether, as the Eleventh Circuit held below (in conflict with other Circuits), § 404(b) binds a district court to drug-found quantities made at a pre-Apprendi sentencing hearing when determining a defendant's statutory penalty range for purposes of § 404?

III. Should this Court grant, vacate, and remand to the Eleventh Circuit to reconsider Mr. Jones's appeal in light of United States v. Taylor, __ F.3d __, 2020 WL 7239632 (11th Cir. Dec. 9, 2020)?

Question Presented (AI Summary)

Whether the statutory penalties in § 404(a) of the First Step Act modify the entire phrase — 'a violation of a Federal criminal statute' — or whether that phrase instead modifies the last antecedent — 'a Federal criminal statute

Docket Entries

2021-05-17
Petition DENIED.
2021-04-28
DISTRIBUTED for Conference of 5/13/2021.
2021-04-23
Reply of petitioner Steven Jones filed.
2021-04-14
Memorandum of respondent United States of America filed.
2021-03-15
Motion to extend the time to file a response is granted and the time is further extended to and including April 14, 2021.
2021-03-12
Motion to extend the time to file a response from March 15, 2021 to April 14, 2021, submitted to The Clerk.
2021-02-03
Motion to extend the time to file a response is granted and the time is extended to and including March 15, 2021.
2021-02-02
Motion to extend the time to file a response from February 11, 2021 to March 15, 2021, submitted to The Clerk.
2021-01-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 11, 2021)

Attorneys

Steven Jones
Patricia Vanessa KempFederal Defenders Southern District of Alabama, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent