No. 23-6854

Danny Lee Hampton v. United States

Lower Court: Eleventh Circuit
Docketed: 2024-02-28
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: armed-career-criminal-act circuit-split drug-schedules federal-drug-schedules federal-firearm-offense federal-sentencing prior-state-drug-offense sentencing-enhancement serious-drug-offense state-drug-offense
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 or federal sentencing (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 federal sentencing, 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.
2024-04-18
DISTRIBUTED for Conference of 5/9/2024.
2024-03-29
Memorandum of respondent United States filed.
2024-02-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 29, 2024)

Attorneys

Danny Hampton
Melissa FussellFederal Defender, MDFL, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent