Sheldon Lamont Jackson v. United States
SocialSecurity Securities Immigration
The broad question presented by this case is whether the Eleventh Circuit Court of Appeals erroneously affirmed Mr. Jackson's sentence under the Armed Career Criminal Act (ACCA), which was above the statutory maximum for his offense of possession of a fire arm by a convicted felon. Specifically, this case presents the following question s:
I. Whether a Florida conviction for resisting with violence under Fla. Stat. § 843.01 a "violent felony" under the A CCA's elements clause, where:
(a) The statute only requires any "unlawful" force, which can be completed by the same mere touch found not to qualify as a "violent felony" in Johnson v. United States, 559 U.S. 133, 140 (2010) ; and
(b) There is no mens rea requirement as to the "doing violen ce" element of the offense , see Leocal v. Ashcroft , 543 U.S. 1, 9 (2004) ( stating that the "use" of physical force suggests a higher degree of intent than negligent or accidental conduct) .
II. Whether a Florida conviction for possession with intent to sel l cocaine under Fla. Stat. § 893.13 is a "serious drug offense" under the ACCA.
Whether the Eleventh Circuit Court of Appeals erroneously affirmed Mr. Jackson's sentence under the Armed Career Criminal Act (ACCA)