No. 21-7151

Quentin Jackson v. United States

Lower Court: Ninth Circuit
Docketed: 2022-02-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split criminal-law criminal-statute elements-clause mens-rea predicate-offense reasonable-person sentencing sentencing-enhancement statutory-interpretation threat-of-force
Key Terms:
Takings HabeasCorpus
Latest Conference: 2022-03-18
Question Presented (AI Summary)

What constitutes a threat of physical force under 18 U.S.C. § 924(c)(3)(A)

Question Presented (from Petition)

question presented is what constitutes a threat of physical force under 18 U.S.C. § 924(c)(3)(A), and, specifically, following Borden v. United States, 141 8. Ct. 1817 (2021), can reasonable jurists can debate whether the elements clause of § 924(c) requires proof that when the defendant acted he knew within a practical certainty that his conduct would be perceived as threatening by another, or is it sufficient that a reasonable person would have perceived the defendant’s conduct as communicating a threat even if the defendant did not? QUESTION TWO: Does the “realistic probability” test articulated in Gonzales v. Duenas-Alvarez, 549 U.S. 183 (2007) determine the scope of a federal statute, or is it the province of federal courts to say what federal law is? i

Docket Entries

2022-03-21
Petition DENIED.
2022-02-24
DISTRIBUTED for Conference of 3/18/2022.
2022-02-22
Waiver of right of respondent United States of America to respond filed.
2022-02-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 21, 2022)

Attorneys

Quentin Jackson
Peggy SassoOffice of the Federal Defender, Petitioner
Peggy SassoOffice of the Federal Defender, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent