No. 20-8238

Martavis Hollis Samuel v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-06-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acca controlled-substance-offense criminal-law elonis florida-drug-statute mcfadden mens-rea sentencing-guidelines statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Is a post-2002 conviction for sale of marijuana or cocaine or for possession of cocaine with intent to sell 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 (from Petition)

QUESTION PRESENTED FOR REVIEW Is a post-2002 conviction for sale of marijuana or cocaine or for possession of cocaine with intent to sell 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

Docket Entries

2021-10-04
Petition DENIED.
2021-07-08
DISTRIBUTED for Conference of 9/27/2021.
2021-07-01
Waiver of right of respondent United States of America to respond filed.
2021-02-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 7, 2021)

Attorneys

Martavis Samuel
M. Caroline McCraeFederal Public Defender, Petitioner
M. Caroline McCraeFederal Public Defender, Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent