Detrick C. Smith v. United States
HabeasCorpus
Whether the Eleventh Circuit Court of Appeals erroneously denied Mr. Smith a certificate of appealability
question presented by this case is whether the Eleventh Circuit Court of Appeals erroneously denied Mr. Smith a certificate of appealability (“COA”) on whether he was unconstitutionally sentenced above the statutory maximum for his offense of possession of a firearm by a convicted felon. More specifically, this case presents the following questions: () Can reasonable jurists debate whether a Florida conviction for robbery is a “violent felony” under the elements clause of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)?! (2) Can reasonable jurists debate whether a Florida conviction for felony battery is a “violent felony” under the ACCA’s elements clause, where the statute only requires the causation of great bodily harm rather than a substantial degree of force? ' This Court is currently considering whether Florida robbery is a “violent felony” under the ACCA’s elements clause in Stokeling v. United States, No. 17-5554 (cert. granted Apr. 2, 2018). Therefore, this petition should be held pending Stokeling and disposed of as appropriate in light of that decision. i