No. 22-7292

Jason Edward Simpson v. United States

Lower Court: Fifth Circuit
Docketed: 2023-04-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 21-usc-841 controlled-substances-act criminal-procedure due-process jury-finding jury-instructions knowledge-element mens-rea reasonable-doubt statutory-minimum-maximum statutory-sentencing
Key Terms:
JusticiabilityDoctri
Latest Conference: 2023-05-11
Question Presented (AI Summary)

Whether a conviction of a substantive offense under 21 U.S.C. § 841 requires jury finding of defendant's knowledge of drug type and quantity

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Whether a conviction of a substantive offense under 21 U.S.C. § 841 of the Controlled Substances Act (“CSA”) requires that a jury find beyond a reasonable doubt that the defendant had knowledge of the type and quantity of controlled substance involved where the type and quantity of controlled substance alleged in the indictment increases the statutory minimum or maximum sentence.

Docket Entries

2023-05-15
Petition DENIED.
2023-04-26
DISTRIBUTED for Conference of 5/11/2023.
2023-04-20
Waiver of right of respondent United States to respond filed.
2023-04-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 15, 2023)

Attorneys

Jason Edward Simpson
John Riley FriesellFriesell Westerlage, PLLC, Petitioner
John Riley FriesellFriesell Westerlage, PLLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent