No. 18-5497

Timothy Edmun Johnson v. United States

Lower Court: Tenth Circuit
Docketed: 2018-08-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act controlled-substances criminal-history double-jeopardy drug-distribution federal-sentencing felony-possession occasions-different sentencing-enhancement separate-occasions serious-drug-offense
Latest Conference: 2018-09-24
Question Presented (from Petition)

1. Is Oklahoma's crime of drug distribution a "serious drug offense" under the ACCA when state law defines "distribution" to include "transport with intent to distribute or dispense" a controlled substance?

2. Can convictions be lawfully determined to have been "committed on occasions different from one another" when, as here, two convictions are based on activity resulting from a continuation of a single drug deal, negotiated at the same time, between the same parties?

Question Presented (AI Summary)

Whether Oklahoma's crime of drug distribution is a 'serious drug offense' under the Armed Career Criminal Act when state law defines 'distribution' to include 'transport with intent to distribute or dispense' a controlled substance, and whether convictions can be lawfully determined to have been 'committed on occasions different from one another' when two convictions are based on activity resulting from a continuation of a single drug deal, negotiated at the same time, between the same parties

Docket Entries

2018-10-01
Petition DENIED.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2018-08-10
Waiver of right of respondent United States to respond filed.
2018-07-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 6, 2018)

Attorneys

Timothy Johnson
William P. EarleyFederal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent