No. 21-6320

Devon Carl Jordan-McFeely v. United States

Lower Court: Ninth Circuit
Docketed: 2021-11-17
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: ambiguous-statute criminal-procedure divisibility divisibility-inquiry federal-court federal-sentencing-enhancement sentencing-enhancement state-court state-law state-law-interpretation statutory-ambiguity supreme-court-precedent
Key Terms:
HabeasCorpus
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Whether a federal court may certify the divisibility inquiry to state court and rely on the newly created judicial interpretation of state law to enhance a defendant's federal sentence when the state statute is ambiguous as to its divisibility at the time of the defendant's state conviction

Question Presented (OCR Extract)

Question Presented For Review When a state statute is ambiguous as to its divisibility at the time of the defendant’s state conviction, may a federal court certify the divisibility inquiry to state court and rely on the newly created judicial interpretation of state law to enhance a defendant’s federal sentence? i

Docket Entries

2022-01-10
Petition DENIED.
2021-12-02
DISTRIBUTED for Conference of 1/7/2022.
2021-11-29
Waiver of right of respondent United States of America to respond filed.
2021-11-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 17, 2021)

Attorneys

Devon Jordan-McFeely
Amy B. ClearyFederal Public Defender, District of Nevada, Petitioner
Amy B. ClearyFederal Public Defender, District of Nevada, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent