No. 20-7253
Tags: constitutional-limits criminal-law criminal-procedure drug-statutes due-process fifth-amendment mandatory-minimum mens-rea sentencing statutory-interpretation strict-liability
Latest Conference:
2021-06-17
Question Presented (from Petition)
1. Whether the knowingly mens rea in the federal drug statutes, 21 U.S.C. §§ 841, 960, applies to the elements of drug type and quantity that establish mandatory minimum and enhanced maximum sentences.
2. If the answer to question 1 is no, whether a strict liability element that converts a misdemeanor with a one-year maximum sentence into a felony with a ten-year minimum and a life maximum violates the Fifth and Sixth Amendments.
Question Presented (AI Summary)
Whether the knowingly mens rea in the federal drug statutes applies to the elements of drug type and quantity
Docket Entries
2021-06-21
Petition DENIED.
2021-06-02
DISTRIBUTED for Conference of 6/17/2021.
2021-05-25
Reply of petitioner Nancy Cole filed.
2021-05-21
Brief of respondent United States in opposition filed.
2021-04-23
Motion to extend the time to file a response is granted and the time is further extended to and including May 21, 2021.
2021-04-22
Motion to extend the time to file a response from April 28, 2021 to May 21, 2021, submitted to The Clerk.
2021-03-25
Motion to extend the time to file a response is granted and the time is extended to and including April 28, 2021.
2021-03-24
Motion to extend the time to file a response from March 29, 2021 to April 28, 2021, submitted to The Clerk.
2021-02-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 29, 2021)
Attorneys
Nancy Cole
Benjamin Lee Coleman — Coleman & Balogh LLP, Petitioner
United States
Elizabeth B. Prelogar — Acting Solicitor General, Respondent