No. 23-6263

Freddy Abad v. United States

Lower Court: Second Circuit
Docketed: 2023-12-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 924(c) 924(j) criminal-charging criminal-procedure double-jeopardy federal-criminal-law lora-v-united-states robbery-conspiracy sentencing-enhancement statutory-interpretation unit-of-prosecution united-states-v-davis
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2024-01-19
Question Presented (AI Summary)

Whether the two §$§ 924(C), 924(J) Counts Five and Six, were based on a single 'unit of prosectution

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1). Whether the two §$§ 924(C), 924(J) Counts Five and Six, were based on a single "unit of prosectution," this court should hold that , they were; under, United States v. Davis, 139 S. Ct. 1843 (2019), and Lora v. United States, 143 S. Ct. 1713 (2023). 2). Whether a defendant be charged in both Robbery and Robbery Conspiracy, to be connected to the 924(C) and (J), when it cannot be punished with both under the same conduct; because conspiracy . ; is no longer a crime of violence, under United States v. Davis, : and Lora v. United States. : : 3). Whether a defendant be charged in both Robbery and Robbery ; Conspiracy when the indictment and Jury instructions clearly show they were connected to the 924(C) and (J).. : II ,

Docket Entries

2024-01-22
Petition DENIED.
2024-01-04
DISTRIBUTED for Conference of 1/19/2024.
2023-12-29
Waiver of right of respondent United States to respond filed.
2023-12-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 16, 2024)

Attorneys

Freddy Abad
Freddy Abad — Petitioner
Freddy Abad — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent