No. 22-6719
Michael Anthony Conage v. United States
Relisted (2)IFP
Tags: armed-career-criminal-act circuit-split drug-schedules eighth-circuit federal-drug-schedules federal-firearm-offense fourth-circuit sentencing-enhancement serious-drug-offense state-drug-offense tenth-circuit third-circuit
Latest Conference:
2024-05-30
(distributed 2 times)
Question Presented (from Petition)
Whether the "serious drug offense" definition in the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(2)(A)(ii), incorporates the federal drug schedules 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 in effect at the time of the prior state drug offense (as the Eleventh Circuit has held).
Question Presented (AI Summary)
Whether the 'serious drug offense' definition in the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(2)(A)(ii), incorporates the federal drug schedules in effect at the time of the federal firearm offense or the federal drug schedules in effect at the time of the prior state drug offense
Docket Entries
2024-06-03
Petition DENIED.
2024-05-28
DISTRIBUTED for Conference of 5/30/2024.
2023-04-26
DISTRIBUTED for Conference of 5/11/2023.
2023-04-10
Memorandum of respondent United States filed.
2023-03-02
Motion to extend the time to file a response is granted and the time is extended to and including April 10, 2023.
2023-03-01
Motion to extend the time to file a response from March 9, 2023 to April 10, 2023, submitted to The Clerk.
2023-01-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 9, 2023)
Attorneys
Michael Anthony Conage
Lynn Palmer Bailey — Federal Public Defender, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent