William Jerome Howard, Jr. v. United States
SocialSecurity Securities Immigration
Whether the Florida offenses of sale of cocaine under Fla. Stat. § 893.13(1)(a)(1) and possession of cocaine under Fla. Stat. § 893.13(6)(a) are 'felony drug offense[s]' under 21 U.S.C. § 841(b)(1)(B), and whether the Florida offenses of sale of cocaine and possession of cocaine with intent to distribute under Fla. Stat. § 893.13(1)(a)(1) qualifies as a 'controlled substance offense[s]' under USSG § 4B1.2
QUESTION PRESENTED Drug offenses in Florida are unlike most states insofar as in Florida, the prosecution does not have to prove a defendant knew the illicit nature of a substance in his possession. In light of this fact, the question presented is whether the Florida offenses of sale of cocaine under Fla. Stat. § 893.13(1)(a)(1) and possession of cocaine under Fla. Stat. § 893.13(6)(a) are “felony drug offense[s]” under 21 U.S.C. § 841(b)(1)(B), and whether the Florida offenses of sale of cocaine and possession of cocaine with intent to distribute under Fla. Stat. § 893.13(1)(a)(1) qualifies as a “controlled substance offense[s]” under USSG § 4B1.2. i