Whether 18 U.S.C. Section 922(g)(3), which criminalizes firearm possession by unlawful drug users, is unconstitutional under the Second Amendment

No question identified. : Distribute a Controlled Substance (Count VI) contrary to Title 21 U.S.C. Section 841(a)(1); Unlawful use of a controlled substance / knowingly possess in and affecting interstate and foreign commence (Count VII) contrary to Title 18 U.S.C. Section 922(g)(3); Knowingly Making a False Statement and Representation (Count VIID contrary to Title 18 U.S. C. Section 924(a)(1)(A); Possession with Intent to Distribute a Controlled Substance (Count IX) contrary to Title 21 U.S.C. Section 841(a)(1); and a forfeiture Count. 2. Breon Hicks was convicted as charged. 3. Sentencing was conducted on December 20, 2021. Judgment was entered and Breon Hicks was sentenced to be imprisoned for a term of 96 months as to Counts I, III, 1V, V, VI, VIL, VIII and X of the Superseding Indictment. 4. The Petitioner, Breon Hicks, filed an appeal to the 11" Circuit Court of Appeal with the following issues: I. THE DISTRICT COURT REVERSIBLY ERRED IN INSTRUCTING THE JURY ON THE SECTION 924(c) CHARGE Il. THE EVIDENCE WAS INSUFFICIENT AS A MATTER OF LAW TO ESTABLISH THAT BREON HICKS WAS AN UNLAWFUL USER OF A CONTROLLED SUBSTANCE WHILE KNOWINGLY POSSESSING A FIREARM 5. The Judgment sought to be reviewed in this case is the unpublished Opinion issued by the 11th Circuit Court of Appeals in United States v. Breon Hicks, Case No: 22-10104 on November 20, 2023, a copy of which is attached hereto as Exhibit “A”. 6. The basis for jurisdiction in this Court is a violation of the Petitioner’s constitutional rights to due process of law, a meaningful adversarial process and to a fair trial. 7. Further, this case involves a conviction under Title 18 U.S.C. Section 922(g)(3), possession of a firearm by an unlawful user of a controlled substances, which is unconstitutional. 8. An extension of time is justified in this case based upon: a) Additional time is necessary to finalize the research and draft the Petition for Writ of Certiorari; b) Court appointed counsel is working continuously and diligently on the drafting and filing of various appellate and post-conviction briefs and motions; and c) Undersigned counsel needs to discuss this matter with the Petition and based upon scheduling, was only able to recently confer. 9. Pursuant to Pursuant to Rule 13, Supreme Court Rules, this Application is filed with the Clerk at least 10 days from the deadline for filing said Petition. 10. This extension of time is based upon unforeseen circumstances and good cause. 11. No prejudice shall enure to any party as the Defendant is presently in custody. 12. It is respectfully requested that the time for the filing of the Petition for Writ of Certiorari be enlarged for a period of 60 days. WHEREFORE, based upon the foregoing grounds and authority, the Petitioner, Breon Hicks, respectfully request this Honorable Court enter an Order enlarging the time in which she may file his Petition for Writ of Certiorari up to and including 60 days from the date the relief is entered. I hereby certify that on February 6 2024 I electronically filed the foregoing document with the Clerk of the Court using the Court’s electronic filing system. I also certify that the foregoing document is being served this day on all counsel of record via transmission of Notices of Electronic Filing generated by CM/ECF and via U.S. Mail to the Clerk of Court — U.S. Supreme Court and Solicitor General, Room 5614, Department of Justice, 10th Street & Constitution Avenue, N.W., Washington, D.C. 20530. Respectfully submitted, LAW OFFICES OF RICHARD ROSENBAUM Primary Email: Secondary Email: S/RICHARD L. ROSENBAUM Richard L. Rosenbaum, Esq. Fla. Bar No: 394688 315 SE 7" Street Suite 300 Fort Lauderdale, FL 33301 Telephone (954) 522-7007 Facsimile (954) 522-7003 USCA11 Case: 22-10104 Document: 62-1 Date Filed: 11/20/2023 Page: 1 of 14 [DO NOT PUBLISH] In the United States Court of Appeals Hor the Cleventh Circuit No. 22-10104 Non-Argument Calendar UNITED STATES OF AMERICA, Plaintiff Appellee, versus