No. 18-6474

Tyrone Hart v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-10-29
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: armed-career-criminal-act begay-v-united-states categorical-approach controlled-substance criminal-statute drug-offense elonis-v-united-states federal-law florida-statute intent-to-sell mens-rea serious-drug-offense staples-v-united-states
Key Terms:
JusticiabilityDoctri
Latest Conference: 2018-11-30
Question Presented (AI Summary)

Is a post-2002 conviction for possession with intent to sell, manufacture, or deliver a controlled substance in violation of Fla. Stat. § 893.13 a 'serious drug offense' as defined in 18 U.S.C. § 924(e)(2)(A)(ii) if, according to the Florida legislature, the state need not prove that the defendant 'knew the illicit nature of the substance' he possessed with intent to sell, manufacture, or deliver?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Is a post-2002 conviction for possession with intent to sell, manufacture, or deliver a controlled substance in violation of Fla. Stat. § 893.13 a “serious drug offense” as defined in 18 U.S.C. § 924(e)(2)(A)(ii) if, according to the Florida legislature, the state need not prove that the defendant “knew the illicit nature of the substance” he possessed with intent to sell, manufacture, or deliver? i

Docket Entries

2018-12-03
Petition DENIED.
2018-11-08
DISTRIBUTED for Conference of 11/30/2018.
2018-11-05
Waiver of right of respondent United States to respond filed.
2018-10-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 28, 2018)

Attorneys

Tyrone Hart
Anshu Suresh BudhraniOffice of the Federal Public Defender, Petitioner
Anshu Suresh BudhraniOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent