No. 24-6186

Vicente Alejo Andres, Jr. v. United States

Lower Court: Fourth Circuit
Docketed: 2024-12-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-law cruel-and-unusual-punishment drug-trafficking firearm-possession sentencing-enhancement statutory-interpretation
Key Terms:
Punishment
Latest Conference: 2025-01-24
Question Presented (AI Summary)

Whether mere possession of a firearm in the same location as drug trafficking constitutes possession 'in furtherance of' a drug offense under 18 U.S.C. § 924(c), and whether a de facto life sentence for nonviolent drug trafficking violates the Eighth Amendment

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. When a defendant sells drugs from his house at the same time he has a firearm in his house, is that enough to prove that he possessed the firearm “in furtherance of” a drug trafficking offense in violation of 18 U.S.C. § 924(c)? 2. Is de facto life imprisonment for nonviolent drug trafficking crimes cruel and unusual punishment in violation of the Eighth Amendment? i

Docket Entries

2025-01-27
Petition DENIED.
2025-01-09
DISTRIBUTED for Conference of 1/24/2025.
2025-01-07
Waiver of United States of right to respond submitted.
2025-01-07
Waiver of right of respondent United States to respond filed.
2024-12-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 21, 2025)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent
Vicente Alejo Andres, Jr., et al.
John Edward DavidsonDavidson & Kitzmann, PLC, Petitioner