No. 18-8447

Javis Wilson v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-03-18
Status: Denied
Type: IFP
Relisted (4)IFP
Tags: acca acca-predicate armed-career-criminal-act circuit-split drug-offense elonis-v-united-states mens-rea sentencing-enhancement statutory-interpretation strict-liability united-states-v-smith
Latest Conference: 2020-02-28 (distributed 4 times)
Question Presented (from Petition)

Whether the United States Court of Appeals for the Eleventh Circuit erroneously concluded in in finding. Petitioner's Fla. Stat. § 893.13 drug - offense qualifies within the ACCA's definition of a "serious drug offense" where mens rea is not even an implied element of the definition of a "serious drug offense" in § 924(e) or § 4B1.2(b), according to their preceidential opinion in United States v. Smith, 775 F.3d 1.262 (11th Ciro 2014) ?

Whether the Court should grant certiorari to correct the Eleventh Circuit's clear error in United States v. Smith, that a conviction under a strict liability state drug statute is a proper - ACCA predicate in conflict with Elonis and McFadden ?

Whether the preponderance of the evidence finding fails to support an enhancment under § 21<1.1 (b)(1) without any proof in the record that Petitioner had knowledge that the firearms were stolen ?

Whether the elements of a crime with the word "knowingly" means that wens rea requirement must apply to all the ensuing substantive elements of a crime ?

Question Presented (AI Summary)

Whether the United States Court of Appeals for the Eleventh Circuit erroneously concluded that Petitioner's Fla. Stat. § 893.13 drug offense qualifies within the ACCA's definition of a 'serious drug offense' where mens rea is not an implied element

Docket Entries

2020-03-02
Petition DENIED.
2020-02-26
DISTRIBUTED for Conference of 2/28/2020.
2019-06-27
Supplemental brief of petitioner Javis Wilson filed. (Distributed)
2019-06-26
DISTRIBUTED for Conference of 6/27/2019.
2019-06-17
DISTRIBUTED for Conference of 6/20/2019.
2019-06-10
Rescheduled.
2019-05-29
DISTRIBUTED for Conference of 6/13/2019.
2019-05-21
Reply of petitioner Javis Wilson filed.
2019-05-09
Memorandum of respondent United States filed.
2019-04-10
Motion to extend the time to file a response is granted and the time is extended to and including May 17, 2019.
2019-04-09
Motion to extend the time to file a response from April 17, 2019 to May 17, 2019, submitted to The Clerk.
2019-03-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 17, 2019)

Attorneys

Javis Wilson
Javis Wilson — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent