No. 23-5338

Keith A. Penn v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-08-11
Status: Denied
Type: IFP
IFP
Tags: attempt circuit-split criminal-law distribution distribution-definition drug-offense elements-test sentencing statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2023-11-09
Question Presented (AI Summary)

Whether the legal test announced in Shular v. United States broadly encompasses preliminary steps and attempts to engage in the identified conduct?

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the legal test announced in Shular v. United States — a state “serious drug offense” is an offense with elements that “necessarily entail one of the types of conduct” identified in 18 U.S.C. § 924(e)(2)(A) (ii) — broadly encompasses preliminary steps and attempts to engage in the identified conduct? ii PARTIES INVOLVED All parties appear in the caption of the case on the cover page. iii

Docket Entries

2023-11-13
Petition DENIED.
2023-10-25
DISTRIBUTED for Conference of 11/9/2023.
2023-10-16
Reply of petitioner Keith Penn filed.
2023-10-11
Brief of respondent United States in opposition filed.
2023-09-01
Motion to extend the time to file a response is granted and the time is extended to and including October 11, 2023.
2023-08-31
Motion to extend the time to file a response from September 11, 2023 to October 11, 2023, submitted to The Clerk.
2023-08-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 11, 2023)

Attorneys

Keith Penn
Richard Michael SummaFederal Public Defender, Northern Dist. of Florida, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent