No. 20-8047

Cornelius R. Caple v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-05-17
Status: Denied
Type: IFP
IFP
Tags: acca assault career-offender controlled-substance criminal-law elements-clause mens-rea sentencing-guidelines
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-09-27
Question Presented (from Petition)

I. Whether the drug conduct in the "controlled substance offense" definition in U.S. Sentencing Guideline § 4B1.2(b) requires knowledge of the illicit nature of the controlled substance.

II. Whether a conviction for aggravated assault with a firearm in violation of Fla. Stat. § 784.021 is a "crime of violence" as defined under the elements clause in U.S.S.G. § 4B1.2(a)(1), if that offense requires proof of mere reckless mens rea, rather than an intentional act?

Question Presented (AI Summary)

Whether the drug conduct in the 'controlled substance offense' definition in U.S. Sentencing Guideline § 4B1.2(b) requires knowledge of the illicit nature of the controlled substance

Docket Entries

2021-10-04
Petition DENIED.
2021-08-05
DISTRIBUTED for Conference of 9/27/2021.
2021-07-16
Memorandum of respondent United States of America filed.
2021-06-09
Motion to extend the time to file a response is granted and the time is extended to and including July 16, 2021.
2021-06-08
Motion to extend the time to file a response from June 16, 2021 to July 16, 2021, submitted to The Clerk.
2021-04-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 16, 2021)

Attorneys

Cornelius Caple
M. Caroline McCraeFederal Public Defender, Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent