Gerald Humbert v. United States
SocialSecurity Securities Immigration
Whether the United States Court of Appeals for the Eleventh Circuit should have granted COA as to whether Petitioner's Fla. Stat. § 893.13 drug offense qualifies within the ACCA's definition of a 'serious drug offense' where mens rea is not even an implied element
QUESTION(S) PRESENTED : 1. Whether the United States Court of Appeals . for the Eleventh Circuit should have granted COA . as to whether Petitioner's Fla. Stat. § 893.13 .. ' drug offense qualifies within the ACCA's definiti , on of a “serious drug offense" where mens rea is Vy, . not even an implied element of the definition of a "serious drug offense" in § 924(e) or § 4B1i.2(b), according to their precedential opinion in United : | States v. Smith, 775 F.3d 1262 (11th Cir. 2014) ? 2. Whether, in light of Rehaif, an indictment . . that only charged a violation of 18 U.S.C. § 922 (g)(1)-but did not either cite or track the langu age of 18 U.S.C. § 924(a)(2) by alleging that the : defendant knew of his prohibited felon status at ; the time of his firearm possession failed to .. charge an "offense against the United States," so : as to confer federal criminal jurisdiction under : 18 U.S.C. § 3231 ? . . 3. Whether the Supreme Court should grant the writ of certiorari to address the practice of .. "Summary Remand to Ponder a Point Raised Neither . Here nor Below" (SRPPRNHB) ? \ ; \ . .