No. 19-7760

Jeremy Achey v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-02-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof conspiracy controlled-substance controlled-substance-analogue criminal-sentencing drug-conspiracy due-process federal-drug-law mandatory-minimum sentencing statutory-interpretation statutory-penalties
Latest Conference: 2020-03-20
Question Presented (from Petition)

1. Whether, in cases where a drug conspiracy allegedly involves multiple substances, the government must prove that the defendant conspired to distribute the specific controlled substance charged in the indictment to have resulted in death, in order to increase the defendant's statutory penalties to a mandatory-minimum of 20 years and maximum of life in prison under 21 U.S.C. § 841(b)(1)(C)?

2. Whether the government must prove that a defendant conspired to distribute the specific controlled substance analogues charged in the indictment (here, alleging "which violation involved" two specific analogues)——as opposed to conspired to distribute other substances—in order to convict a defendant of an offense under 21 U.S.C. §§ 813 and 846?

Question Presented (AI Summary)

Whether the government must prove that a defendant conspired to distribute the specific controlled substance analogues charged in the indictment

Docket Entries

2020-03-23
Petition DENIED.
2020-03-05
DISTRIBUTED for Conference of 3/20/2020.
2020-03-02
Waiver of right of respondent United States to respond filed.
2020-02-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 26, 2020)

Attorneys

Jeremy Achey
M. Allison GuagliardoOffice of the Federal Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent