No. 22-806

John Doe v. United States

Lower Court: First Circuit
Docketed: 2023-02-24
Status: Denied
Type: Paid
Response Waived
Tags: acca acca-predicates criminal-justice direct-appeal first-step-act remedial-purpose retroactive-application retroactivity statutory-interpretation
Key Terms:
JusticiabilityDoctri
Latest Conference: 2023-03-24
Question Presented (AI Summary)

Whether a defendant whose case was pending on direct appeal at the time of enactment of the First Step Act is entitled to the benefit of §401 (limiting the use of certain old drug convictions as ACCA predicates) where the purpose of the Act is remedial in nature and the language of §401 relative to retroactive application is ambiguous?

Question Presented (OCR Extract)

question presented is whether the crime of straight assault becomes a violent felony that satisfies the force requitement simply because it was committed with a dangerous weapon?

Docket Entries

2023-03-27
Petition DENIED.
2023-03-08
DISTRIBUTED for Conference of 3/24/2023.
2023-02-28
Waiver of right of respondent United States to respond filed.
2023-02-17
Petition for a writ of certiorari filed. (Response due March 27, 2023)
2022-12-29
Application (22A580) granted by Justice Jackson extending the time to file until February 20, 2023.
2022-12-16
Application (22A580) to extend the time to file a petition for a writ of certiorari from December 22, 2022 to February 20, 2023, submitted to Justice Jackson.

Attorneys

John Doe
Allison Koury — Petitioner
Allison Koury — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent