No. 22-6640

Eugene Jackson v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-01-26
Status: Judgment Issued
Type: IFP
Amici (1)Relisted (3)IFP Experienced Counsel
Tags: armed-career-criminal-act circuit-split controlled-substances-act drug-schedules federal-drug-schedules federal-firearm-offense prior-state-drug-offense sentencing-enhancement serious-drug-offense statutory-interpretation
Key Terms:
DueProcess
Latest Conference: 2023-05-11 (distributed 3 times)
Related Cases: 22-6389 (Vide)
Question Presented (from Petition)

Whether the "serious drug offense" definition in the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(A)(ii), incorporates the federal drug schedules that were in effect at the time of the federal firearm offense (as the Third, Fourth, Eighth, and Tenth Circuits have held), or the federal drug schedules that were in effect at the time of the prior state drug offense (as the Eleventh Circuit held below).

Question Presented (AI Summary)

Whether the 'serious drug offense' definition in the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(A)(ii), incorporates the federal drug schedules that were in effect at the time of the federal firearm offense or the federal drug schedules that were in effect at the time of the prior state drug offense

Docket Entries

2024-06-24
Judgment Issued.
2023-10-19
CIRCULATED
2023-10-17
Record received from the United States District Court for the Southern District of Florida. The record is electronic and is available on PACER.
2023-10-16
Record received from the United States Court of Appeals for the Eleventh Circuit. The record is electronic and is available on PACER.
2023-10-13
Record requested from the United States Court of Appeals for the Eleventh Circuit.
2023-05-08
DISTRIBUTED for Conference of 5/11/2023.
2023-04-13
Reply of petitioner Eugene Jackson filed. (Distributed)
2023-04-13
DISTRIBUTED for Conference of 4/28/2023.
2023-04-06
Rescheduled.
2023-03-30
DISTRIBUTED for Conference of 4/14/2023.
2023-03-29
Waiver of the 14-day waiting period for the distribution of the petition under Rule 15.5 filed by petitioner.
2023-03-24
Brief of respondent United States filed.
2023-02-27
2023-02-15
Motion to extend the time to file a response is granted and the time is extended to and including March 29, 2023.
2023-02-13
Motion to extend the time to file a response from February 27, 2023 to March 29, 2023, submitted to The Clerk.
2023-01-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 27, 2023)

Attorneys

Clause 40 Foundation
Douglas Eugene LitvackJenner & Block LLP, Amicus
Eugene Jackson
Andrew Lee AdlerFederal Public Defender's Office, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent