No. 22-7894
Frankie Shearry v. United States
Tags: armed-career-criminal-act circuit-split criminal-law drug-schedules federal-drug-schedules federal-firearm-offense sentencing-enhancement serious-drug-offense state-drug-offense statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Environmental SocialSecurity Securities Immigration
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) 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.
2023-09-14
DISTRIBUTED for Conference of 10/6/2023.
2023-08-30
Memorandum of respondent United States filed.
2023-07-18
Motion to extend the time to file a response is granted and the time is extended to and including August 30, 2023.
2023-07-17
Motion to extend the time to file a response from July 31, 2023 to August 30, 2023, submitted to The Clerk.
2023-06-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 31, 2023)
Attorneys
Frankie Shearry
Jonathan Dodson — Federal Defenders of the MDGA, Inc., Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent