Issues: (1) Whether a prior conviction for drug trafficking, Fla. Stat. § 893.135, that rests upon the mere possession of a specified quantity of drugs qualifies as a “controlled substance offense” for federal sentencing enhancement purposes, when the Florida statute is missing the requisite element of intent to distribute, an issue on which the circuits are divided; and (2) whether 18 U.S.C. § 922(g)(1) is facially unconstitutional because it exceeds Congress’s authority under the commerce clause and is unconstitutional as applied to the intrastate possession of a firearm.
Privacy & Cookies Policy
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.