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Eddie Lee Shular v. United States

IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 18-10234 · judgment September 5, 2018

Decided · February 26, 2020

Question presented

Whether the determination of a "serious drug offense" under the Armed Career Criminal Act requires the same categorical approach used in the determination of a "violent felony'' under the Act?

Counsel of record

For petitioner
Richard Michael Summa
Federal Public Defender, Northern Dist. of Florida

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 3 conferences

Amicus briefs
3 merits
(3 supporting pet./neither)

Argument & decision

Argued January 21, 2020 — Richard M. Summa · Jonathan C. Bond. Audio and transcript

Decided February 26, 2020. Opinion by Ginsburg.

Proceedings

Mar 30 2020
JUDGMENT ISSUED
Feb 26 2020
Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion for a unanimous Court. Kavanaugh, J., filed a concurring opinion.
Jan 21 2020
Argued. For petitioner: Richard M. Summa, Tallahassee, Fla. For respondent: Jonathan C. Bond, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Dec 20 2019
Reply of petitioner Eddie Shular filed. (Distributed)
Dec 11 2019
The record received from the U.S.C.A. 11th Circuit is electronic and located on PACER, this record is complete.
Dec 10 2019
The record from the U.S.D.C. Northern Dist. of Florida is electronic and located on PACER, the record is complete.
Dec 03 2019
Record requested from the U.S.C.A. 11th Circuit.
Nov 26 2019
CIRCULATED
Nov 22 2019
Brief of respondent United States filed.
Nov 08 2019
SET FOR ARGUMENT on Tuesday, January 21, 2020.
Oct 07 2019
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Oct 02 2019
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Oct 02 2019
Brief amicus curiae of FAMM filed.
Oct 02 2019
Brief amici curiae of American Immigration Lawyers Association, et al. filed.
Sep 25 2019
Brief of petitioner Eddie Shular filed.
Sep 13 2019
Blanket Consent filed by Petitioner, Eddie Shular
Sep 10 2019
Motion to dispense with printing the joint appendix filed by petitioner Eddie Shular.
Jul 30 2019
Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 25, 2019. The time to file respondent's brief on the merits is extended to and including November 22, 2019. The reply brief is to be filed on or before December 20, 2019.
Jul 18 2019
Joint motion for an extension of time to file the briefs on the merits filed.
Jun 28 2019
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Jun 26 2019
DISTRIBUTED for Conference of 6/27/2019.
Jun 14 2019
Supplemental brief of petitioner Eddie Shular filed. (Distributed)
Jun 05 2019
DISTRIBUTED for Conference of 6/20/2019.
Mar 11 2019
Rescheduled.
Feb 28 2019
DISTRIBUTED for Conference of 3/15/2019.
Feb 13 2019
Brief of respondent United States in opposition filed.
Feb 13 2019
Waiver of the 14-day waiting period under 15.5 filed by petitioner.
Jan 11 2019
Motion to extend the time to file a response is granted and the time is further extended to and including February 13, 2019.
Jan 10 2019
Motion to extend the time to file a response from January 14, 2019 to February 13, 2019, submitted to The Clerk.
Dec 06 2018
Motion to extend the time to file a response is granted and the time is extended to and including January 14, 2019.
Dec 04 2018
Motion to extend the time to file a response from December 13, 2018 to January 14, 2019, submitted to The Clerk.
Nov 08 2018
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 13, 2018)