No. 18-6662

Eddie Lee Shular v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-11-13
Status: Judgment Issued
Type: IFP
Amici (3)Relisted (3)IFP Experienced Counsel
Tags: armed-career-criminal-act categorical-approach circuit-split mens-rea sentencing-enhancement serious-drug-offense statutory-construction violent-felony
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-06-27 (distributed 3 times)
Question Presented (AI Summary)

Whether the determination of a serious drug offense' under the Armed Career Criminal Act requires the same categorical approach used in the determination of a 'violent felony' under the Act?

Question Presented (from Petition)

QUESTION PRESENTED Whether the determination of a “serious drug offense” under the Armed Career Criminal Act requires the same categorical approach used in the determination of a “violent felony” under the Act? i PARTIES INVOLVED All parties appear in the caption of the case on the cover page. ii

Docket Entries

2020-03-30
JUDGMENT ISSUED
2020-02-26
Adjudged to be AFFIRMED. Ginsburg, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/19pdf/18-6662_c0ne.pdf'>opinion</a> for a unanimous Court. Kavanaugh, J., filed a concurring opinion.
2020-01-21
Argued. For petitioner: Richard M. Summa, Tallahassee, Fla. For respondent: Jonathan C. Bond, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
2019-12-20
Reply of petitioner Eddie Shular filed. (Distributed)
2019-12-11
The record received from the U.S.C.A. 11th Circuit is electronic and located on PACER, this record is complete.
2019-12-10
The record from the U.S.D.C. Northern Dist. of Florida is electronic and located on PACER, the record is complete.
2019-12-03
Record requested from the U.S.C.A. 11th Circuit.
2019-11-26
CIRCULATED
2019-11-22
Brief of respondent United States filed.
2019-11-08
SET FOR ARGUMENT on Tuesday, January 21, 2020.
2019-10-07
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
2019-10-02
Brief amici curiae of American Immigration Lawyers Association, et al. filed.
2019-10-02
Brief amicus curiae of FAMM filed.
2019-10-02
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2019-09-25
Brief of petitioner Eddie Shular filed.
2019-09-13
Blanket Consent filed by Petitioner, Eddie Shular
2019-09-10
Motion to dispense with printing the joint appendix filed by petitioner Eddie Shular.
2019-07-30
Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 25, 2019. The time to file respondent's brief on the merits is extended to and including November 22, 2019. The reply brief is to be filed on or before December 20, 2019.
2019-07-18
Joint motion for an extension of time to file the briefs on the merits filed.
2019-06-28
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
2019-06-26
DISTRIBUTED for Conference of 6/27/2019.
2019-06-14
Supplemental brief of petitioner Eddie Shular filed. (Distributed)
2019-06-05
DISTRIBUTED for Conference of 6/20/2019.
2019-03-11
Rescheduled.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-02-13
Waiver of the 14-day waiting period under 15.5 filed by petitioner.
2019-02-13
Brief of respondent United States in opposition filed.
2019-01-11
Motion to extend the time to file a response is granted and the time is further extended to and including February 13, 2019.
2019-01-10
Motion to extend the time to file a response from January 14, 2019 to February 13, 2019, submitted to The Clerk.
2018-12-06
Motion to extend the time to file a response is granted and the time is extended to and including January 14, 2019.
2018-12-04
Motion to extend the time to file a response from December 13, 2018 to January 14, 2019, submitted to The Clerk.
2018-11-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 13, 2018)

Attorneys

American Immigration Lawyers Association; Catholic Legal Services, Archdiocese of Miami; Americans for Immigrant Justice
Michael Scott VastineImmigration Clinic, St. Thomas University School of Law, Amicus
Michael Scott VastineImmigration Clinic, St. Thomas University School of Law, Amicus
Eddie Shular
Richard Michael SummaFederal Public Defender, Northern District of Florida, Petitioner
Richard Michael SummaFederal Public Defender, Northern District of Florida, Petitioner
FAMM
David John DeboldGibson Dunn & Crutcher LLP, Amicus
David John DeboldGibson Dunn & Crutcher LLP, Amicus
National Association of Criminal Defense Lawyers
Caitlin Joan HalliganSelendy & Gay PLLC, Amicus
Caitlin Joan HalliganSelendy & Gay PLLC, Amicus
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent