UNITED STATES OF AMERICA v. KENNETH J. JACKSON, JR. - Articles

All Content

UNITED STATES OF AMERICA v. KENNETH J. JACKSON, JR.

Posted by: Tanja Trezise on Apr 22, 2021

Head Comment: MOORE delivered a separate dissenting opinion.

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: Kevin M. Cafferkey, Cleveland, Ohio, for Appellant/Cross-Appellee.

Attorneys 2: ON BRIEF: Matthew B. Kall, UNITED STATES ATTORNEY’S OFFICE, Cleveland, Ohio, for Appellee/Cross-Appellant.

Attorneys 3: ON BRIEF: Alec Schierenbeck, O’MELVENY & MYERS LLP, New York, New York, Nathan Freed Wessler AMERICAN CIVIL LIBERTIES UNION FOUNDATION, New York, New York for Amici Curiae.

Judge(s): BATCHELDER, MOORE, and BUSH, Circuit Judges

Court Appealed: Appeal from the United States District Court for the Northern District of Ohio at Cleveland

JOHN K. BUSH, Circuit Judge. As judges, we assume that Congress says what it means and means what it says. That is why statutory interpretation begins with the text. FNU Tanzin v. Tanzir, 141 S. Ct. 486, 489 (2020). When Congress reduced the scope of 18 U.S.C. § 924(c)’s extreme penalties, it said how the amendments apply to past crimes. They apply for a defendant on whom “a sentence for the offense has not been imposed as of” December 21, 2018. First Step Act § 403(b) (codified at 18 U.S.C. § 924 notes). As of that day, a sentence had been imposed on Kenneth Jackson, Jr. That we later vacated his first sentence does not alter Jackson’s status on the day the First Step Act became law. For that reason, we again vacate his sentence and remand for resentencing.

Attachments: