No. 24-5457

Larome Deon Waiters v. United States

Lower Court: Eleventh Circuit
Docketed: 2024-09-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act controlled-substances drug-offense prior-conviction sentencing-enhancement sixth-amendment
Key Terms:
DueProcess Punishment
Latest Conference: 2024-10-11
Question Presented (AI Summary)

Whether a Florida controlled substances offense that does not require proof of knowledge of the illicit nature of the substance can qualify as a 'serious drug offense' under the Armed Career Criminal Act

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether a Florida controlled substances offense, which does not require proof that the defendant knew of the illicit nature of the controlled substance, can qualify as a predicate “serious drug offense” under the Armed Career Criminal Act? I. Whether the Sixth Amendment requires that the fact of a defendant’s prior conviction be alleged in the indictment and submitted to a jury if the Government intends to use that prior conviction to trigger a sentencing enhancement that would increase the mandatory minimum penalties that the defendant is facing? III. Whether the Fifth and Eighth Amendments prohibit courts, in imposing sentencing enhancements under the Armed Career Criminal Act or the Career Offender provisions of the United States Sentencing Guidelines, from relying on prior convictions for offenses committed when the defendant was less than 18 years-old? ii

Docket Entries

2024-10-15
Petition DENIED.
2024-09-19
DISTRIBUTED for Conference of 10/11/2024.
2024-09-12
Waiver of United States of right to respond submitted.
2024-09-12
Waiver of right of respondent United States to respond filed.
2024-08-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 4, 2024)

Attorneys

Larome Waiters
Jason Jervis WiseBrunvand Wise PA, Petitioner
Jason Jervis WiseBrunvand Wise PA, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent