No. 21-5875

Kenneth J. Jackson, Jr. v. United States

Lower Court: Sixth Circuit
Docketed: 2021-10-04
Status: Denied
Type: IFP
IFP
Tags: 18-usc-924c criminal-sentencing de-novo-sentencing first-step-act retroactivity statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-03-04
Question Presented (AI Summary)

Whether the sentencing amendments to 18 U.S.C. § 924(c) apply to a defendant at a post-Act resentencing hearing

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the sentencing amendments to 18 U.S.C. § 924(c) enacted by the First Step Act of 2018 (the “First Step Act’, “FSA”, or “Act”), Pub. L. No. 115-391, 132 Stat. 5194 apply to a defendant at a_ post-Act resentencing hearing following vacatur of an unlawful sentence that was imposed pre-Act? 2. Whether the court of appeals erred in holding that the sentencing amendments to 18 U.S.C. § 924(c) by the First Step Act did not apply to Petitioner, whose pre-Act sentence was vacated on appeal and then remanded for a de novo sentencing following the effective date of the Act?

Docket Entries

2022-03-07
Petition DENIED.
2022-02-17
DISTRIBUTED for Conference of 3/4/2022.
2022-02-02
Brief of respondent United States in opposition filed.
2022-01-04
Motion to extend the time to file a response is granted and the time is further extended to and including February 2, 2022.
2022-01-03
Motion to extend the time to file a response from January 3, 2022 to February 2, 2022, submitted to The Clerk.
2021-11-19
Motion to extend the time to file a response is granted and the time is further extended to and including January 3, 2022.
2021-11-18
Motion to extend the time to file a response from December 3, 2021 to January 3, 2022, submitted to The Clerk.
2021-10-28
Motion to extend the time to file a response is granted and the time is extended to and including December 3, 2021.
2021-10-27
Motion to extend the time to file a response from November 3, 2021 to December 3, 2021, submitted to The Clerk.
2021-09-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 3, 2021)

Attorneys

Kenneth Jackson, Jr.
Kevin Michael CafferkeyKevin M. Cafferkey, Attorney at Law, Petitioner
Kevin Michael CafferkeyKevin M. Cafferkey, Attorney at Law, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent