No. 18-1131

United States v. Eric Quinn Franklin

Lower Court: Ninth Circuit
Docketed: 2019-02-28
Status: Dismissed
Type: Paid
Experienced Counsel
Tags: accomplice-liability armed-career-criminal-act categorical-approach controlled-substances-act mens-rea serious-drug-offense state-drug-offense statutory-interpretation
Key Terms:
CriminalProcedure Immigration JusticiabilityDoctri
Latest Conference: N/A
Question Presented (AI Summary)

Whether a state drug offense must categorically match the elements of a generic analogue offense, including with respect to the mens rea for any potential accomplice liability, in order to qualify as a 'serious drug offense' under the Armed Career Criminal Act of 1984

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a state drug offense must categorically match the elements of a generic analogue offense, including with respect to the mens rea for any potential accomplice liability, in order to qualify as a “serious drug offense” under the Armed Career Criminal Act of 1984, 18 U.S.C. 924(e)(2)(A)(ii). (D)

Docket Entries

2019-06-04
Petition Dismissed - Rule 46.
2019-06-03
Letter of June 3, 2019 from counsel for respondent stipulating to dismissal of the petition for a writ of certiorari under Rule 46 filed.
2019-05-30
Motion to dismiss the petition for a writ of certiorari under Rule 46.2, and motion for leave to file under seal with redacted copies for the public record, filed by petitioner.
2019-05-15
Motion for leave to file a brief in opposition under seal with redacted copies for the public record filed by respondent.
2019-05-15
Motion for leave to proceed in forma pauperis filed by respondent.
2019-04-30
Motion to extend the time to file a response is granted and the time is further extended to and including May 15, 2019.
2019-04-25
Motion to extend the time to file a response from May 1, 2019 to May 15, 2019, submitted to The Clerk.
2019-03-15
Motion to extend the time to file a response is granted and the time is extended to and including May 1, 2019.
2019-03-12
Motion to extend the time to file a response from April 1, 2019 to May 1, 2019, submitted to The Clerk.
2019-02-28
Petition for a writ of certiorari filed. (Response due April 1, 2019)

Attorneys

Eric Quinn Frankin
Davina Te-min ChenLaw Office of Davina T. Chen, Respondent
Davina Te-min ChenLaw Office of Davina T. Chen, Respondent
United States
Noel J. FranciscoSolicitor General, Petitioner
Noel J. FranciscoSolicitor General, Petitioner