No. 20-7181

Quincy O'Neill Taylor v. United States

Lower Court: Fourth Circuit
Docketed: 2021-02-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-924(c) criminal-procedure drug-trafficking firearm firearm-possession government-burden-of-proof ineffective-assistance-of-counsel statutory-interpretation united-states-v-dye united-states-v-frady
Key Terms:
HabeasCorpus
Latest Conference: 2021-03-19
Question Presented (AI Summary)

Whether the phrase 'in furtherance of' in 18 U.S.C. 924(c)(1)(A) requires the government to show a 'nexus' between the firearm and the drug trafficking crime

Question Presented (OCR Extract)

QUESTION(S) PRESENTED The Statute 18 U.S.C.924 (c)(1)(A) which states: ". Except to the extent that'a greater minimum. sentence is otherwise provided by this subsection or by any other provision of law, : amy person who during and in relation to any. erjme of violence : or drug trafficking crime(including a crime of violence or drug trafficking crime that provides for an enhancement punishment if committed by the use of a deadly or dangerous weapon or device) , for which the person may be prosecuted in a court of of the: United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses. firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crimeDOES The phrase "in furtherance of" requires the Government to show "some nexus between the firearm and the drug selling operation."(quoting United States vFrady , 245 F.3d 199, 203 (2d.Cir. 2001). NOTE: The Fourth Circuit subsequent to the ruling on petitioner's request of. a COA on the question. ofineffective Assistance of Counsel as it relates to 18 USC 924(c) (1)(A) ruled on this . ‘question in United States wodye, 2020 U.S.App. LEXIS 30265 (Sept. 22,2020 ). STATING: 18 U.S.C. 924 (c) provides that any person who, duiring and in relation to any drug , . (i), . United States v Dye,States: : ; ae "Under 18 USC 924 (c)(1)(A) , the Government is required to show a defendant knowingly and unlawfully possesed a firearm in ‘furtherance of the specified" drug trafficing crime : (clarifying elements and. standard of review). In othere ~ words ,18 USC 924 (c) requires the Government to present ; evidence indicating that the ‘possessionofa firearm furthered advanced, or. helped foward a drug trafficing crime. (ii.)

Docket Entries

2021-03-22
Petition DENIED.
2021-03-04
DISTRIBUTED for Conference of 3/19/2021.
2021-02-24
Waiver of right of respondent United States to respond filed.
2021-02-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 22, 2021)

Attorneys

Quincy O'Neill Taylor
Quincy O'Neill Taylor — Petitioner
Quincy O'Neill Taylor — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent