No. 18-7032

Reginald L. Lomax v. United States

Lower Court: Third Circuit
Docketed: 2018-12-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act controlled-substances criminal-law drug-offense federal-drug-law federal-preemption mandatory-minimum mandatory-minimum-sentences state-criminal-law statutory-interpretation
Key Terms:
SocialSecurity Immigration
Latest Conference: 2019-01-11
Question Presented (AI Summary)

Whether a state statute criminalizing possession of 'counterfeit' controlled substances qualifies as a 'serious drug offense' under the Armed Career Criminal Act

Question Presented (OCR Extract)

QUESTION PRESENTED The question presented in this case is whether, as the circuit court held, a state statute criminalizing possession of “counterfeit” controlled substances — which are not proscribed as “controlled substances” by federal drug laws — nevertheless qualifies as a “serious drug offense” under the Armed Career Criminal Act, 18 U.S.C. § 924(e), such that a defendant previously convicted under such a statute is subject to the fifteen-year mandatory minimum term of imprisonment imposed by the Act. i

Docket Entries

2019-01-14
Petition DENIED.
2018-12-27
DISTRIBUTED for Conference of 1/11/2019.
2018-12-21
Waiver of right of respondent United States to respond filed.
2018-12-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 14, 2019)

Attorneys

Reginald Lomax
Quin M. SorensonFederal Public Defender's Office, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent