No. 20-6405

Joshua Cato v. United States

Lower Court: Fifth Circuit
Docketed: 2020-11-23
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: controlled-substance controlled-substances criminal-law criminal-procedure drug-distribution due-process federal-scheduling guilty-plea knowledge-standard mens-rea plea-bargaining statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Whether, under McFadden v. United States, a defendant who pleads guilty to knowingly distributing a controlled substance must admit that he knew the substance was listed on federal drug schedules or that he knew the identity of the substance

Question Presented (from Petition)

Question Presented 1. Under McFadden v. United States, ---U.S.---, 135 S.Ct. 2298 (2015), when a defendant pleads guilty to “knowingly” distributing a controlled substance (or conspiring to do so), must the trial court, in determining that the defendant understands the nature of the charge and making sure there is a factual basis in support of the plea, make sure the defendant understands and admits either (1) although he didn’t know the name of the substance, he knew it was listed on the federal drug schedules, or (2) he actually knew the identity of the substance? i

Docket Entries

2021-01-11
Petition DENIED.
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-16
Waiver of right of respondent United States of America to respond filed.
2020-11-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 23, 2020)

Attorneys

Joshua Cato
John Andrew KucheraAttorney at Law, Petitioner
John Andrew KucheraAttorney at Law, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent