HabeasCorpus Securities
Is a post-2002 conviction for sale of cocaine or possession of cocaine with intent to sell 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 sold or possessed with intent to sell?
QUESTION PRESENTED FOR REVIEW I. Is a post-2002 conviction for sale of cocaine or possession of cocaine with intent to sell in violation of Fla. Stat. § 893.13 a “serious drug offense” as defined in 18 U.S.C. § 924(e)(2)(A)@i) if, according to the Florida legislature, the state need not prove that the defendant “knew the illicit nature of the substance” he sold or possessed with intent to sell? Il. Did the Eleventh Circuit err under Miller-El v. Cockrell, 537 U.S. 322, 336-338 (2003) and Buck v. Davis, 137 S.Ct. 759, 773-774 (2017) in denying Petitioner a certificate of appealability since the issues above are debatable among reasonable jurists? i