No. 20-7101

Anthony Jerome Billings, Jr. v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-02-10
Status: Denied
Type: IFP
IFP
Tags: appellate-review circuit-split controlled-substance-offense crime-of-violence Eleventh-Circuit florida-statute mens-rea sentencing-guidelines statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-06-03
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?

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW 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? I. 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? i INTERESTED PARTIES There are no

Docket Entries

2021-06-07
Petition DENIED.
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)

Attorneys

Anthony Billings
Scott G. BerryOffice of the Federal Public Defender, Petitioner
Scott G. BerryOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent