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
Key Terms:
CriminalProcedure
Latest Conference: 2018-09-24
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

Question Presented (OCR Extract)

Questions Presented for Review Expressed _in the Terms and Circumstances of the Case. Through the Armed Career Criminal Act, 18 U.S.C. §924(e) (hereinafter ACCA), Congress prescribed significantly increased punishment for defendants convicted of possessing a firearm after conviction ofa felony whose criminal histories included at least three convictions for crimes of violence and serious drug offenses “committed on occasions different from one another.” The questions presented here are: 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? 1 (b) List of all

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