Question Presented (from Petition)
Whether the United States Court of Appeals for the Eleventh Circuit should have granted COA as to whether 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 precedential opinion in United States v. Smith, 775 F.3d 1262 (11th Cir. 2014) ?
Whether the Supreme Court should grant certiorari for - a Florida Conviction for resisting arrest with violence Fla. Stat. § 843.01 to now consider if it qualifies under the ACCA after its most recent decision in Franklin v. United States, No. 17-8401 ?
Whether the Petitioner is warranted GVR in light of Franklin v. United States, ?
Question Presented (AI Summary)
Whether a Florida drug offense qualifies as a 'serious drug offense' under the ACCA without mens rea
2019-10-07
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Rehaif v. United States, 588 U. S. ___ (2019).
2019-07-29
Reply of petitioner Gerald Humbert filed. (Distributed)
2019-07-25
DISTRIBUTED for Conference of 10/1/2019.
2019-07-10
Brief of respondent United States in opposition filed.
2019-06-27
Supplemental brief of petitioner Gerald Humbert filed.
2019-06-05
Motion to extend the time to file a response is granted and the time is further extended to and including July 10, 2019.
2019-06-04
Motion to extend the time to file a response from June 10, 2019 to July 10, 2019, submitted to The Clerk.
2019-05-09
Response Requested. (Due June 10, 2019)
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-05-01
Waiver of right of respondent United States to respond filed.
2019-04-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 22, 2019)