No. 18-9547

Antwan Bernard Williams v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-06-05
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: acca acca-serious-drug-offense armed-career-criminal-act drug-offense eleventh-circuit elonis-v-united-states franklin-v-united-states mens-rea resisting-officer sentencing-enhancement strict-liability united-states-v-smith violent-felony
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-02-28 (distributed 2 times)
Question Presented (from Petition)

Whether the United States Court of Appeals for the Eleventh Circuit erroneously concluded in finding Petitioner's Fla. Stat. § 893.13 drug offenses 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 1262 (11th Cir. 2014) ?

Whether the Gourt 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 offense is a proper ACCA predictae in conflict with Elonis and McFadden ?

Whether the Florida offense of resisting an officer with violence is a violent felony for the purposes of the ACCA enhancement ?

Whether this case shuld be remanded (GVR) in light of Franklin v. United States, 17-8401 ?

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 offenses qualify within the ACCA's definition of a 'serious drug offense'

Docket Entries

2020-03-02
Petition DENIED.
2020-02-26
DISTRIBUTED for Conference of 2/28/2020.
2019-08-22
DISTRIBUTED for Conference of 10/1/2019.
2019-08-05
Memorandum of respondent United States filed.
2019-06-27
Motion to extend the time to file a response is granted and the time is extended to and including August 5, 2019.
2019-06-25
Motion to extend the time to file a response from July 5, 2019 to August 5, 2019, submitted to The Clerk.
2019-05-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 5, 2019)

Attorneys

Antwan Bernard Williams
Antwan Bernard Williams — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent