Whether the jury instructions for a controlled substances distribution charge improperly defined the good faith standard and mens rea elements under 21 U.S.C. §§ 841 and 846

No question identified. : Petitioner, by undersigned counsel, pursuant to Supreme Court Rules 13.5 and 30.2, respectfully requests that this Court grant him a sixty (60) day extension within which to file a Petition for a Writ of Certiorari to the Eleventh Circuit Court of Appeals. The Eleventh Circuit Court of Appeals affirmed Ms. Akwuba’s appeal on October 4, 2023.1 This Court has jurisdiction pursuant to 28 U.S.C. § 1257(a). Supreme Court Rule 13.5 permits a Justice of this Court, “for good cause” to extend the time to file a petition for a writ of certiorari for a period not exceeding sixty (60) days. The application must be received by the Clerk at least ten (10) day before the petition is due, except in extraordinary circumstances. This request for an extension of time is being filed through the Court’s electronic filing system 16 days before this petition is due. Undersigned counsel believes that there is good cause to justify the requested extension of time. The Undersigned has experienced an unusually high volume of appellate briefing and in-court matters over the 1 See Exhibit A. 2 See Rule 30.2. last few weeks. Since Thanksgiving, the undersigned has filed 5 opening briefs with the Alabama Court of Criminal Appeals, two applications for rehearing with the same court, and two motions for new trial in state circuit court. The Undersigned has three briefs due with the Alabama Court of Criminal Appeals by December 27, 2023. Additionally, the Undersigned has pre-planned out-of-state travel for the holidays. Petitioner respectfully requests that an order be entered extending his time to petition for certiorari by sixty (60) days, up to and including March 2, 2024. Respectfully submitted on December 18, 2023. /s J.D. Lloyd J.D. Lloyd Counsel of Record The Law Office of J.D. Lloyd 2320 Arlington Ave. S. Birmingham, AL 35205 Office: 205-538-3340 Email: CERTIFICIATE OF SERVICE I, J.D. Lloyd, a member of the Bar of this Court, hereby certifies that on December 18, 2023, this pleading was filed with the Court through its electronic filing system and served by U.S. mail upon the Solicitor General of the United States, Room 5616, 950 Pennsylvania Ave., N.W., Washington, D.C., 20530-001. /s J.D. Lloyd J.D. Lloyd Counsel of Record The Law Office of J.D. Lloyd 2320 Arlington Ave. S. Birmingham, AL 35205 Office: 205-538-3340 Email: Exhibit A USCA11 Case: 22-11917 Document: 40-1 Date Filed: 10/04/2023 Page: 1 of 11 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit No. 22-11917 Non-Argument Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LILLIAN AKWUBA, Appeal from the United States District Court for the Middle District of Alabama D.C. Docket No. USCA11 Case: 22-11917 Document: 40-1 Date Filed: 10/04/2023 Page: 2 of 11 2 Opinion of the Court 22-11917 Before WILSON, NEWSOM, and GRANT, Circuit Judges. PER CURIAM: Defendant-Appellant Lillian Akwuba appeals her convictions for distribution of and conspiracy to distribute controlled substances in violation of 21 U.S.C. §§ 841(a)(1) and 846, respectively. She challenges both the jury instructions and the sufficiency of the evidence. First, she argues that the jury was improperly instructed as to the applicable good faith standard for a conviction under 21 U.S.C. § 841. She also argues that the jury instructions were erroneous because they did not adequately convey to the jury that the knowing and intentional mens rea applied not only to the actus reus ofthe same statute, but also to its authorization clause. Second, she argues that the government did not provide sufficient evidence of her mens rea to support her convictions under 21 U.S.C. §§ 841 and 846. After a thorough review of the record, we affirm Akwuba’s convictions and sentences. I. Background In a fourth superseding indictment, the grand jury charged Akwuba with conspiring to distribute controlled substances, in violation of 21 U.S.C. § 846 (count 1); unlawfully distributing con