No. 19-7553

Gerald Humbert v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-02-05
Status: Denied
Type: IFP
IFP
Tags: 11th-circuit acca armed-career-criminal-act criminal-law federal-criminal-jurisdiction federal-jurisdiction felon-in-possession mens-rea rehaif sentencing serious-drug-offense statutory-interpretation summary-remand
Latest Conference: 2020-05-15
Question Presented (from Petition)

1. 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 (llth Cir. 2014)?

2. Whether, in light of Rehaif, an indictment that only charged a violation of 18 U.S.C. § 922(g)(l)-but did not either cite or track the language of 18 U.S.C. § 924(a)(2) by alleging that the defendant knew of his prohibited felon status at the time of his firearm possession - failed to charge an "offense against the United States," so as to confer federal criminal jurisdiction under 18 U.S.C. § 3231?

3. Whether the Supreme Court should grant the writ of certiorari to address the practice of "Summary Remand to Ponder a Point Raised Neither Here nor Below" (SRPPRNHB)?

Question Presented (AI Summary)

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

Docket Entries

2020-05-18
Petition DENIED.
2020-04-29
DISTRIBUTED for Conference of 5/15/2020.
2020-04-10
Brief of respondent United States in opposition filed.
2020-04-06
Motion to extend the time to file a response is granted and the time is further extended to and including April 10, 2020.
2020-04-03
Motion to extend the time to file a response from April 6, 2020 to April 10, 2020, submitted to The Clerk.
2020-03-06
Supplemental brief of petitioner Gerald Humbert filed.
2020-02-26
Motion to extend the time to file a response is granted and the time is extended to and including April 6, 2020.
2020-02-25
Motion to extend the time to file a response from March 6, 2020 to April 6, 2020, submitted to The Clerk.
2020-01-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 6, 2020)

Attorneys

Gerald Humbert
Gerald Humbert — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent