No. 18-9424

Lamar Eady, Jr. v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-05-24
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (3)IFP Experienced Counsel
Tags: 18-usc-922 18-usc-924 appellate-review criminal-law due-process federal-criminal-law federal-statute felon-in-possession knowingly legal-elements mens-rea possession rehaif-v-united-states second-amendment status statutory-interpretation
Key Terms:
HabeasCorpus Securities Immigration JusticiabilityDoctri
Latest Conference: 2019-11-08 (distributed 3 times)
Question Presented (AI Summary)

Does the 'knowingly' provision of 18 U.S.C. § 924(a)(2) apply to both the possession and status elements of a 18 U.S.C. § 922(g) crime?

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW 1. Does the “knowingly” provision of 18 U.S.C. § 924(a)(2) apply to both the possession and status elements of a 18 U.S.C. § 922(g) crime? The Court will decide that issue in Rehaif v. United States, No. 17-9560. 2. Under the “realistic probability” standard of Gonzalez v. Duenas-Alvarez, 549 U.S. 183, 193 (2007), is it necessary to identify a reported case to establish that a state statute is overbroad vis-a-vis a federal definition if the plain language of the state statute so indicates? 3. 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 based upon adverse circuit precedent, when the question of whether Florida felony battery under Fla. Stat. § 784.041(1) is an ACCA “violent felony” is debatable among reasonable jurists? i INTERESTED PARTIES There are no

Docket Entries

2019-11-12
Petition DENIED.
2019-11-04
DISTRIBUTED for Conference of 11/8/2019.
2019-10-17
DISTRIBUTED for Conference of 11/1/2019.
2019-10-16
Reply of petitioner Lamar Eady filed. (Distributed)
2019-09-27
Brief of respondent United States in opposition filed.
2019-08-30
Motion to extend the time to file a response is granted and the time is further extended to and including September 27, 2019.
2019-08-29
Motion to extend the time to file a response from September 4, 2019 to September 27, 2019, submitted to The Clerk.
2019-08-01
Motion to extend the time to file a response is granted and the time is extended to and including September 4, 2019.
2019-07-31
Motion to extend the time to file a response from August 5, 2019 to September 4, 2019, submitted to The Clerk.
2019-07-05
Response Requested. (Due August 5, 2019)
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2019-06-03
Waiver of right of respondent United States to respond filed.
2019-05-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 24, 2019)

Attorneys

Lamar Eady
Brenda Greenberg BrynFederal Public Defender, Petitioner
Brenda Greenberg BrynFederal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent