No. 18-6277

Glover A. Yawn, Jr. v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-10-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: ACCA armed-career-criminal-act criminal-law elements-clause felony-battery great-bodily-harm possession-of-firearm sentencing-enhancement statutory-interpretation statutory-maximum violent-felony
Latest Conference: 2018-11-02
Question Presented (from Petition)

The broad question presented by this case is whether the Eleventh Circuit Court of Appeals erroneously affirmed Mr. Yawn's sentence under the Armed Career Criminal Act (ACCA), which was above the statutory maximum for his offense of possession of a firearm by a convicted felon. Specifically, this case presents the following question:

(1) Is a Florida conviction for felony battery a "violent felony" under the ACCA's elements clause, where the statute only requires the causation of great bodily harm rather than a substantial degree of force?

Question Presented (AI Summary)

Whether a Florida conviction for felony battery is a 'violent felony' under the ACCA's elements clause

Docket Entries

2018-11-05
Petition DENIED.
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-17
Waiver of right of respondent United States to respond filed.
2018-10-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2018)

Attorneys

Glover Yawn
Danli Song Jr.Federal Defenders Office, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent