Question Presented (from Petition)
I. Is a conviction for sale of 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 the defendant "knew the illicit nature of the substance" he sold?
II. Is a conviction for aggravated assault with a firearm in violation of Fla. Stat. § 784.021 a "crime of violence" as defined under the elements clause in U.S.S.G. § 4B1.2(a)(1), if that offense requires proof of mere reckless mens rea, rather than an intentional act?
Question Presented (AI Summary)
Is a conviction for sale of cocaine a 'controlled-substance-offense' under U.S.S.G. § 4B1.2(b) without proof of defendant's knowledge of the illicit nature of the substance?
2021-05-19
DISTRIBUTED for Conference of 6/3/2021.
2021-04-15
Motion to delay distribution of the petition for a writ certiorari until May 19, 2021 granted.
2021-04-14
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from April 28, 2021 to May 19, 2021, submitted to The Clerk.
2021-04-12
Brief of respondent United States in opposition filed.
2021-03-03
Motion to extend the time to file a response is granted and the time is extended to and including April 12, 2021.
2021-03-02
Motion to extend the time to file a response from March 12, 2021 to April 12, 2021, submitted to The Clerk.
2021-02-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 12, 2021)