No. 20-6949

Neally Cunningham v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-01-26
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: cocaine-base criminal-law criminal-resentencing drug-offenses federal-drug-offense first-step-act retroactivity sentencing sentencing-modification statutory-interpretation
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-06-17 (distributed 2 times)
Question Presented (AI Summary)

Whether Appellant's offense of conviction is a 'covered offense' under § 404 of the First Step Act

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether Appellant’s offense of conviction, a violation of 21 U.S.C. § 841(b)(1)(C) occurring before August 3, 2010, and involving cocaine base, is a “covered offense” under § 404 of the First Step Act. This Court has granted certiorari to resolve this question in Terry v. United States, No. 20-5904. i

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2021-04-15
DISTRIBUTED for Conference of 4/30/2021.
2021-03-29
Memorandum of respondent United States filed.
2021-02-19
Motion to extend the time to file a response is granted and the time is extended to and including March 29, 2021.
2021-02-18
Motion to extend the time to file a response from February 25, 2021 to March 29, 2021, submitted to The Clerk.
2021-01-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 25, 2021)

Attorneys

Neally Cunningham
Adam LabonteFederal Defender's Office, Petitioner
Adam LabonteFederal Defender's Office, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent