No. 18-8294

Demetrius Fitzgerald v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-03-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acca armed-career-criminal-act crime-of-violence criminal-law deadly-weapon federal-sentencing-guidelines florida-law florida-statute sentencing sentencing-guidelines violent-crime violent-felony
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Whether the Florida offense of aggravated battery with a deadly weapon is a violent felony under the ACCA and a crime of violence under the Federal Sentencing Guidelines

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW L. Whether the Florida offense of aggravated battery with a deadly weapon in violation of Fla. Stat. § 784.045, is a violent felony as defined by the ACCA, and a crime of violence as defined by the Federal Sentencing Guidelines? I. Whether the Florida offense of resisting with violence in violation of Fla. Stat. 843.01, is a violent felony as defined by the ACCA, and a crime of violence as defined by the Federal Sentencing Guidelines? i INTERESTED PARTIES There are no

Docket Entries

2019-04-15
Petition DENIED.
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2019-03-11
Waiver of right of respondent United States of America to respond filed.
2019-02-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 4, 2019)

Attorneys

Demetrius Fitzgerald
Peter T. PatanzoBenjamin, Aaronson, Edinger & Patanzo, P.A., Petitioner
Peter T. PatanzoBenjamin, Aaronson, Edinger & Patanzo, P.A., Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent