No. 18-7833

Jerome Hayes v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-02-07
Status: Denied
Type: IFP
Relisted (4)IFP Experienced Counsel
Tags: begay begay-v-united-states categorical-approach certificate-of-appealability circuit-split criminal-statute mens-rea serious-drug-offense staples staples-v-united-states strict-liability
Key Terms:
HabeasCorpus Securities
Latest Conference: 2020-02-28 (distributed 4 times)
Question Presented (AI Summary)

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 (from Petition)

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

Docket Entries

2020-03-02
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2020-02-26
DISTRIBUTED for Conference of 2/28/2020.
2019-06-26
DISTRIBUTED for Conference of 6/27/2019.
2019-06-05
DISTRIBUTED for Conference of 6/20/2019.
2019-05-06
Rescheduled.
2019-04-24
DISTRIBUTED for Conference of 5/9/2019.
2019-04-10
Response to petition from respondent United States of America filed.
2019-03-06
Motion to extend the time to file a response is granted and the time is extended to and including April 10, 2019.
2019-03-05
Motion to extend the time to file a response from March 11, 2019 to April 10, 2019, submitted to The Clerk.
2019-02-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2019)

Attorneys

Jerome Hayes
Margaret Yvonne FoldesFederal Public Defender's Office, Petitioner
Margaret Yvonne FoldesFederal Public Defender's Office, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent