No. 19-6675

Michael Ray Bishop v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-11-20
Status: Denied
Type: IFP
Relisted (2)IFP Experienced Counsel
Tags: armed-career-criminal-act categorical-approach circuit-split controlled-substance-offense enumerated-offense-clause sentencing-guidelines serious-drug-offense statutory-interpretation
Key Terms:
AdministrativeLaw Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-02-28 (distributed 2 times)
Question Presented (AI Summary)

Whether an offense-matching categorical approach applies to the determination of a 'controlled substance offense' under the Sentencing Guidelines?

Question Presented (OCR Extract)

QUESTION PRESENTED I Whether an offense-matching categorical approach applies to the determination of a “controlled substance offense” under the Sentencing Guidelines? [NOTE: This petition is related, logically, to the petition filed in Shular v. United States, No. 18-6662, cert. granted, 139 S.Ct. 2772 (June 28, 2019). Shular involves an issue regarding the application of the categorical approach to the “serious drug offense” provision of the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(A)Gi). This case involves the same question regarding the application of the categorical approach to the Guidelines’ definition of “controlled substance offense” in USSG § 4B1.2(b), which is substantially similar to ACCA’s “serious drug offense” provision.]. i PARTIES INVOLVED All parties appear in the caption of the case on the cover page. ii

Docket Entries

2020-03-02
Petition DENIED.
2020-02-27
Supplemental brief of petitioner Michael Bishop filed. (Distributed)
2020-02-26
DISTRIBUTED for Conference of 2/28/2020.
2020-02-06
DISTRIBUTED for Conference of 2/21/2020.
2020-01-21
Memorandum of respondent United States filed.
2019-12-13
Motion to extend the time to file a response is granted and the time is extended to and including January 21, 2020.
2019-12-12
Motion to extend the time to file a response from December 20, 2019 to January 21, 2020, submitted to The Clerk.
2019-11-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2019)

Attorneys

Michael Bishop
Richard Michael SummaFederal Public Defender, Northern District of Florida, Petitioner
Richard Michael SummaFederal Public Defender, Northern District of Florida, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent