No. 20-7737

Marjuan Shondell Fleming v. United States

Lower Court: Sixth Circuit
Docketed: 2021-04-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split constitutional-rights crack-cocaine criminal-justice-reform criminal-procedure first-step-act post-conviction right-to-counsel sentence-enhancement sentencing sixth-amendment statutory-interpretation
Latest Conference: 2021-05-13
Question Presented (from Petition)

Whether the term "Covered offense" in the First Step Act of 2018, includes violations of Title 18 USC 924(c), involving crack cocaine, to which ACCA the penalty provision does not apply, as the U.S. Court of Appeals for the First, Fourth and Sixth Circuits have detailed for Mert as the U.S. Court of Appeals (D.C.).

This question is pending before this Court in prior petition, Brett v. United States, Docket No. 20-XX.

Question Presented (AI Summary)

Whether the First, Fourth, and Sixth Circuits have erred in their interpretation of the 'covered offense' provision of the First Step Act of 2018, involving crack cocaine sentencing

Docket Entries

2021-05-17
Petition DENIED.
2021-04-28
DISTRIBUTED for Conference of 5/13/2021.
2021-04-20
Waiver of right of respondent United States to respond filed.
2021-03-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 14, 2021)

Attorneys

Marjuan Shondell Fleming
Marjuan Shondell Fleming — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent