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Cornelius R. Caple v. United States

IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 20-10457 · judgment December 4, 2020


Certiorari denied · October 4, 2021

Question presented

I. Whether the drug conduct in the “controlled substance offense” definition in U.S. Sentencing Guideline § 4B1.2(b) requires knowledge of the illicit nature of the controlled substance. 1 II. Whether a conviction for aggravated assault with a firearm in violation of Fla. Stat. § 784.021 is a “crime of violence” as defined under the elements clause in U.S.S.G. § 4B1.2(a)(1), if that offense requires proof of mere reckless mens rea, rather than an intentional act? 1 A similar question is also presented in Billings v. United States, No. 20-7101 (pet. filed Feb. 4, 2021); Curry v. United States, No. 20-7284 (pet. filed Feb. 24, 2021); Collins v. United States, No. 20-7285 (pet. filed Feb. 25, 2021); Davis v. United States, No. 20-7286 (pet. filed Feb. 25, 2021); Cius v. United States, No. 20-7287 (pet. filed Feb. 25, 2021).

Counsel of record

For petitioner
M. Caroline McCrae
Federal Public Defender

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 4, 2021 · Certiorari denied

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Aug 05 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jul 16 2021
    Memorandum of respondent United States of America filed.
  4. Jun 09 2021
    Motion to extend the time to file a response is granted and the time is extended to and including July 16, 2021.
  5. Jun 08 2021
    Motion to extend the time to file a response from June 16, 2021 to July 16, 2021, submitted to The Clerk.
  6. Apr 30 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 16, 2021)