No. 23-6892

Clifford Laines, Jr. v. United States

Lower Court: Eleventh Circuit
Docketed: 2024-03-05
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: armed-career-criminal-act circuit-split rodriguez-v-united-states sentencing-regime serious-drug-offense state-law-interpretation state-sentencing-regime statutory-maximum
Latest Conference: 2024-05-30 (distributed 2 times)
Question Presented (from Petition)

Does "maximum term of imprisonment . . . prescribed by law"—as used in the Armed Career Criminal Act to define "serious drug offenses" that are predicated on prior state convictions—refer to the statutory maximum sentence that the underlying state offense carried, or the highest sentence that the particular defendant actually could have received under the then-applicable state-sentencing regime?

Question Presented (AI Summary)

Does the 'maximum term of imprisonment... prescribed by law' for a prior state offense under the Armed Career Criminal Act's 'serious drug offense' definition refer to the statutory maximum sentence or the highest sentence the particular defendant could have received under the then-applicable state-sentencing regime?

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.
2024-04-04
Memorandum of respondent United States filed.
2024-03-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 4, 2024)
2024-01-24
Application (23A686) granted by Justice Thomas extending the time to file until March 1, 2024.
2024-01-19
Application (23A686) to extend the time to file a petition for a writ of certiorari from January 31, 2024 to March 31, 2024, submitted to Justice Thomas.

Attorneys

Clifford Laines, Jr.
Ta'Ronce Montavious StowesFederal Public Defender Southern District of Fl, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent