No. 20-5670

Henry Horace Givins v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-09-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: career-offender-enhancement circuit-split controlled-substance-offense criminal-law eleventh-circuit mens-rea sentencing-guidelines statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-10-09
Question Presented (AI Summary)

Is a post-2002 conviction for sale of cocaine or possession with intent to sell cocaine, in violation of Fla. Stat. § 893.13, a 'controlled-substance-offense' as defined in U.S.S.G. § 4B1.2(b), if according to the Florida legislature, the state need not prove that the defendant 'knew the illicit nature of the substance' he sold or possessed with intent to sell?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Is a post-2002 conviction for sale of cocaine or possession with intent to sell cocaine, in violation of Fla. Stat. § 893.13, a “controlled substance offense” as defined in U.S.S.G. § 4B1.2(b), if according to the Florida legislature, the state need not prove that the defendant “knew the illicit nature of the substance” he sold or possessed with intent to sell? i INTERESTED PARTIES There are no

Docket Entries

2020-10-13
Petition DENIED.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-17
Waiver of right of respondent United States to respond filed.
2020-07-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 13, 2020)

Attorneys

Henry Givins
Peter Vincent BirchFederal Public Defender, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent