Supreme Court Report

Supreme Court of the United States · Official docket →

Zavian Munize Jordan v. United States

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 17-4751 · judgment March 3, 2020

Certiorari denied · January 11, 2021
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and counsel who has filed here before.

Question presented

Under 18 U.S.C. § 924(c)(1), “any person who, during and in relation to any crime of violence or drug trafficking crime * * * uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm” commits an offense. The question presented is whether each separate conviction under Section 924(c)(1) requires only a separate predicate crime of violence or drug trafficking offense, as the Third, Fourth, and Eighth Circuits have held, or also requires a separate act of using, carrying, or possessing a firearm, as the Second, Fifth, Sixth, Seventh, Tenth, and D.C. Circuits have held. (i)

Counsel of record

For petitioner
Marcia G. Shein
Law Firm of Shein & Brandenburg

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Proceedings

  1. Jan 11 2021
    Petition DENIED.
  2. Dec 23 2020
    DISTRIBUTED for Conference of 1/8/2021.
  3. Dec 23 2020
    Reply of petitioner Zavian Munize Jordan filed. (Distributed)
  4. Dec 03 2020
    Brief of respondent United States in opposition filed.
  5. Oct 21 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including December 3, 2020.
  6. Oct 20 2020
    Motion to extend the time to file a response from November 2, 2020 to December 3, 2020, submitted to The Clerk.
  7. Oct 01 2020
    Brief amicus curiae of FAMM filed.
  8. Oct 01 2020
    Brief amici curiae of Howard University School of Law Human and Civil Rights Clinic; National Association for Public Defense filed.
  9. Sep 28 2020
    Motion to extend the time to file a response is granted and the time is extended to and including November 2, 2020.
  10. Sep 25 2020
    Motion to extend the time to file a response from October 1, 2020 to November 2, 2020, submitted to The Clerk.
  11. Aug 28 2020
    Petition for a writ of certiorari filed. (Response due October 1, 2020)