No. 23-6579

Jamaal A. Hameen v. United States

Lower Court: Eleventh Circuit
Docketed: 2024-01-25
Status: GVR
Type: IFP
Relisted (3)IFP Experienced Counsel
Tags: armed-career-criminal-act commerce-clause criminal-procedure drug-schedules federal-drug-schedules federal-firearm-offense firearm-offense prior-state-drug-offense sentencing-enhancement serious-drug-offense state-drug-offense
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2024-07-01 (distributed 3 times)
Question Presented (AI Summary)

Whether the 'serious drug offense' definition in the Armed Career Criminal Act (ACCA) incorporates the federal drug schedules in effect at the time of the federal firearm offense or the federal drug schedules in effect at the time of the prior state drug offense

Question Presented (OCR Extract)

QUESTIONS PRESENTED L. Whether the “serious drug offense” definition in the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(2)(A)Gi), incorporates the federal drug schedules in effect at the time of the federal firearm offense, or the federal drug schedules in effect at the time of the prior state drug offense.! I. Whether this Court should grant review to determine whether Faretta hearings must be repeated at each critical stage of criminal proceedings. III. Whether this Court should grant review to determine whether the Mr. Hameen was denied his right to due process regarding his Rehaif claim. IV. Whether 18 U.S.C. § 922(g)(1) is facially unconstitutional because it exceeds Congress’s authority under the Commerce Clause, and is unconstitutional as applied to Mr. Hameen’s intrastate possession of a firearm. V. Whether a sentencing judge may rely on non-elemental facts to conclude that a defendant’s prior offenses were “committed on occasions different from one another” and impose the mandatory-minimum prison term under ACCA, § 924(e)(1), or whether such facts must be charged in an indictment and proven to a jury beyond a reasonable doubt. 1 This Court has granted the petitions for a writ of certiorari in United States v. Brown, Case No. 22-6389, and Jackson v. United States, Case No. 22-6640, to resolve this question. Mr. Hameen respectfully asks this Court to hold his petition pending the Court’s consideration of Brown and Jackson and then dispose of it as appropriate. i

Docket Entries

2024-08-05
Judgment Issued.
2024-07-02
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Erlinger</i> v. <i>United States</i>, 602 U. S. ___ (2024).
2024-06-28
DISTRIBUTED for Conference of 7/1/2024.
2024-05-28
DISTRIBUTED for Conference of 5/30/2024.
2024-04-11
DISTRIBUTED for Conference of 4/26/2024.
2024-03-27
Memorandum of respondent United States filed.
2024-02-22
Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2024.
2024-02-21
Motion to extend the time to file a response from February 26, 2024 to March 27, 2024, submitted to The Clerk.
2024-01-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 26, 2024)
2023-12-12
Application (23A531) granted by Justice Thomas extending the time to file until January 17, 2024.
2023-12-07
Application (23A531) to extend the time to file a petition for a writ of certiorari from December 17, 2023 to January 17, 2024, submitted to Justice Thomas.

Attorneys

Jamaal Hameen
Meghan CollinsOffice of the Federal Public Defender, Petitioner
Meghan CollinsOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent