No. 18-6398
Response WaivedIFP
Tags: circuit-split controlled-substance criminal-statute drug-offense element-of-offense federal-law means-of-offense michigan-law sentencing-guidelines state-law state-statute
Latest Conference:
2018-11-30
Question Presented (from Petition)
When a state statute prohibits the delivery of a "controlled substance" by reference to various schedules, is the specific type of substance an element of the offense?
Question Presented (AI Summary)
Whether the specific type of controlled substance is an element of the offense or one of many means to commit the offense under a state statute that prohibits the delivery of a 'controlled substance' by reference to various schedules
Docket Entries
2018-12-03
Petition DENIED.
2018-11-08
DISTRIBUTED for Conference of 11/30/2018.
2018-10-30
Waiver of right of respondent United States to respond filed.
2018-10-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 23, 2018)
Attorneys
Deon Pittman
Colleen P Fitzharris — Federal Defender Office, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent