No. 18-5314

Shannon Dale Smith v. United States

Lower Court: Fifth Circuit
Docketed: 2018-07-25
Status: Denied
Type: IFP
IFP
Tags: circuit-split criminal-law criminal-law-sentencing criminal-statute firearm firearm-possession firearms intent mens-rea sentencing sentencing-enhancement statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Does 18 U.S.C. § 924(c)(1)(A) criminalize the defendant's subjective intent or the firearm's objective potential?

Question Presented (from Petition)

Question Presented 18 U.S.C. § 924(c)(1)(A) increases the sentence of “any person who, during and in relation to any crime of violence . . . uses or carries a firearm, or who in furtherance of any such crime possesses a firearm.” Some circuit courts hold the “in furtherance of’ language requires a mens rea of specific intent for the firearm to further the offense. Others hold knowing possession of a firearm that could further the crime— regardless of the intent to actually further it—is the relevant inquiry. Does 18 U.S.C. § 924(c)(1)(A) criminalize the defendant’s subjective intent or the firearm’s objective potential.

Docket Entries

2019-01-07
Petition DENIED.
2018-12-13
DISTRIBUTED for Conference of 1/4/2019.
2018-11-23
Brief of respondent United States in opposition filed.
2018-10-19
Motion to extend the time to file a response is granted and the time is further extended to and including November 23, 2018.
2018-10-18
Motion to extend the time to file a response from October 24, 2018 to November 23, 2018, submitted to The Clerk.
2018-08-30
Motion to extend the time to file a response is granted and the time is extended to and including October 24, 2018.
2018-08-30
Motion to extend the time to file a response from September 24, 2018 to October 24, 2018, submitted to The Clerk.
2018-08-15
Motion to extend the time to file a response is granted and the time is extended to and including September 24, 2018.
2018-08-14
Motion to extend the time to file a response from August 24, 2018 to September 24, 2018, submitted to The Clerk.
2018-05-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 24, 2018)

Attorneys

Shannon Dale Smith
Barbara Allison ClaytonThe Law Office of B. Allison Clayton, Petitioner
Barbara Allison ClaytonThe Law Office of B. Allison Clayton, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent