No. 18-5612

Detrick C. Smith v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-08-16
Status: Denied
Type: IFP
Relisted (4)IFP
Tags: armed-career-criminal-act certificate-of-appealability elements-clause firearm-possession florida-felony-battery florida-robbery sentencing-enhancement statutory-maximum stokeling-v-united-states violent-felony
Key Terms:
HabeasCorpus
Latest Conference: 2019-02-22 (distributed 4 times)
Question Presented (AI Summary)

Whether the Eleventh Circuit Court of Appeals erroneously denied Mr. Smith a certificate of appealability

Question Presented (OCR Extract)

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

Docket Entries

2019-02-25
Petition DENIED.
2019-02-19
DISTRIBUTED for Conference of 2/22/2019.
2019-02-04
DISTRIBUTED for Conference of 2/15/2019.
2019-01-15
DISTRIBUTED for Conference of 1/18/2019.
2018-11-01
DISTRIBUTED for Conference of 11/16/2018.
2018-10-17
Brief of respondent United States in opposition filed.
2018-09-12
Motion to extend the time to file a response is granted and the time is extended to and including October 17, 2018.
2018-09-11
Motion to extend the time to file a response from September 17, 2018 to October 17, 2018, submitted to The Clerk.
2018-08-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2018)

Attorneys

Detrick Smith
Danli SongFederal Defender, Middle District, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent