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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

Conference history
Distributed for 1 conference

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)