No. 22-6968

Thomas Marmolejos v. United States

Lower Court: Second Circuit
Docketed: 2023-03-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: crime-of-violence crimes-of-violence criminal-procedure due-process jury-instruction jury-instructions legal-error predicate-offense section-924(c) section-924(j) sentencing
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-04-14
Question Presented (AI Summary)

Can a section 924(c) and 924(j) charge that alleges multiple predicates stand when one or more of the predicates no longer qualifies as a crime of violence, and the district court instructed the jury that the predicates constituted crimes of violence that can serve as predicates for violations of § 924(c) and § 924(j), and there is no way of knowing whether the guilty verdict was based on the legal error?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Can a section 924(c) and 924(j) charge that alleges multiple predicates stand when one or more of the predicates no longer qualifies as a crime of violence, and the district court instructed the jury that the predicates constituted crimes of violence that can serve as predicates for violations of § 924(c) and § 924(j), and there is no way of knowing whether the guilty verdict was based on the legal error? i.

Docket Entries

2023-04-17
Petition DENIED. Justice Sotomayor took no part in the consideration or decision of this petition.
2023-03-23
DISTRIBUTED for Conference of 4/14/2023.
2023-03-15
Waiver of right of respondent United States to respond filed.
2023-02-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 7, 2023)

Attorneys

Thomas Marmolejos
Thomas Marmolejos — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent