No. 18-8941

Sheldon Lamont Jackson v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-04-22
Status: Denied
Type: IFP
IFP
Tags: armed-career-criminal-act criminal-history elements-clause florida-statute johnson-v-united-states leocal-v-ashcroft mens-rea possession-with-intent-to-sell sentencing-enhancement serious-drug-offense violent-felony
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the Eleventh Circuit Court of Appeals erroneously affirmed Mr. Jackson's sentence under the Armed Career Criminal Act (ACCA)

Question Presented (from Petition)

question presented by this case is whether the Eleventh Circuit Court of Appeals erroneously affirmed Mr. Jackson’s sentence under the Armed Career Criminal Act (ACCA), which was above the statutory maximum for his offense of possession of a firearm by a convicted felon. Specifically, this case presents the following questions: I. Whether a Florida conviction for resisting with violence under Fla. Stat. § 843.01 a “violent felony” under the ACCA’s elements clause, where: (a) The statute only requires any “unlawful” force, which can be completed by the same mere touch found not to qualify as a “violent felony” in Johnson v. United States, 559 U.S. 133, 140 (2010); and (b) There is no mens rea requirement as to the “doing violence” element of the offense, see Leocal v. Ashcroft, 543 U.S. 1, 9 (2004) (stating that the “use” of physical force suggests a higher degree of intent than negligent or accidental conduct). II. Whether a Florida conviction for possession with intent to sell cocaine under Fla. Stat. § 893.13 is a “serious drug offense” under the ACCA. i

Docket Entries

2019-10-07
Petition DENIED.
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2019-06-07
Reply of petitioner Sheldon Jackson filed.
2019-06-04
Memorandum of respondent United States of America filed.
2019-05-15
Motion to extend the time to file a response is granted and the time is extended to and including June 21, 2019.
2019-05-14
Motion to extend the time to file a response from May 22, 2019 to June 21, 2019, submitted to The Clerk.
2019-04-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 22, 2019)

Attorneys

Sheldon Jackson
Robert GodfreyFederal Public Defender Office, Petitioner
Robert GodfreyFederal Public Defender Office, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent