Question Presented (from Petition)
1. Does the "knowingly" provision of 18 U.S.C. § 924(a)(2) apply to both the possession and status elements of a 18 U.S.C. § 922(g) crime ? The Court will decide that issue in Rehaif v. United States , No. 17 -9560.
2. Under the "realistic probability" standard of Gonzalez v. Duenas -Alvarez , 549 U.S. 183, 193 (2007), is it necessary to identify a reported cas e to establish that a state statute is overbroad vis-a-vis a federal definition if the plain language of the state statute so indicates ?
3. Did the Eleventh Circuit err under Miller -El v. Cockrell , 537 U.S. 322, 336 -338 (2003) and Buck v. Davis , 137 S.Ct. 759, 773 -774 (2017) in denying Petitioner a certificate of appealability based upon adverse circuit precedent, when the question of whether Florida felony battery under Fla. Stat. § 784.041(1) is an ACCA "violent felony" is debatable among reasonable jurists ?
Question Presented (AI Summary)
Does the 'knowingly' provision of 18 U.S.C. § 924(a)(2) apply to both the possession and status elements of a 18 U.S.C. § 922(g) crime?
2019-11-04
DISTRIBUTED for Conference of 11/8/2019.
2019-10-17
DISTRIBUTED for Conference of 11/1/2019.
2019-10-16
Reply of petitioner Lamar Eady filed. (Distributed)
2019-09-27
Brief of respondent United States in opposition filed.
2019-08-30
Motion to extend the time to file a response is granted and the time is further extended to and including September 27, 2019.
2019-08-29
Motion to extend the time to file a response from September 4, 2019 to September 27, 2019, submitted to The Clerk.
2019-08-01
Motion to extend the time to file a response is granted and the time is extended to and including September 4, 2019.
2019-07-31
Motion to extend the time to file a response from August 5, 2019 to September 4, 2019, submitted to The Clerk.
2019-07-05
Response Requested. (Due August 5, 2019)
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2019-06-03
Waiver of right of respondent United States to respond filed.
2019-05-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 24, 2019)