No. 19-7553

Gerald Humbert v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-02-05
Status: Denied
Type: IFP
IFP
Tags: 11th-circuit acca armed-career-criminal-act criminal-law federal-criminal-jurisdiction federal-jurisdiction felon-in-possession mens-rea rehaif sentencing serious-drug-offense statutory-interpretation summary-remand
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-05-15
Question Presented (AI Summary)

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 Presented (from Petition)

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) ? \ ; \ . .

Docket Entries

2020-05-18
Petition DENIED.
2020-04-29
DISTRIBUTED for Conference of 5/15/2020.
2020-04-10
Brief of respondent United States in opposition filed.
2020-04-06
Motion to extend the time to file a response is granted and the time is further extended to and including April 10, 2020.
2020-04-03
Motion to extend the time to file a response from April 6, 2020 to April 10, 2020, submitted to The Clerk.
2020-03-06
Supplemental brief of petitioner Gerald Humbert filed.
2020-02-26
Motion to extend the time to file a response is granted and the time is extended to and including April 6, 2020.
2020-02-25
Motion to extend the time to file a response from March 6, 2020 to April 6, 2020, submitted to The Clerk.
2020-01-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 6, 2020)

Attorneys

Gerald Humbert
Gerald Humbert — Petitioner
Gerald Humbert — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent