No. 21-7574

Danyel Black v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-04-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act controlled-substances criminal-procedure fourth-amendment prior-conviction probation-search sentencing-enhancement warrantless-search
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2022-05-12
Question Presented (AI Summary)

Whether a Florida controlled substances offense can qualify as a predicate 'serious drug offense' under the Armed Career Criminal Act

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether a Florida controlled substances offense, which does not require proof that the defendant knew of the illicit nature of the controlled substance, can qualify as a predicate “serious drug offense” under the Armed Career Criminal Act? Il. Whether the Sixth Amendment requires that the fact of a defendant’s prior conviction be alleged in the indictment and submitted to a jury if the Government intends to use that prior conviction to trigger a sentencing enhancement that would increase the mandatory minimum penalties that the defendant is facing? Ill. Whether law enforcement violated the Petitioner's Fourth Amendment rights when it searched the Petitioner residence during a warrantless probation “compliance search”? ii

Docket Entries

2022-05-16
Petition DENIED.
2022-04-21
DISTRIBUTED for Conference of 5/12/2022.
2022-04-14
Waiver of right of respondent United States to respond filed.
2022-04-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 9, 2022)

Attorneys

Danyel Black
Bjorn Erik BrunvandBrunvand Wise P.A., Petitioner
Bjorn Erik BrunvandBrunvand Wise P.A., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent