Editor's Note :

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The Supreme Court will release orders from the March 22 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday and Wednesday.
On Monday the Supreme Court hears oral argument in PDR Network, LLC v. Carlton & Harris Chiropractic Inc.; Christopher Walker has our preview.
On Monday the Supreme Court also hears oral argument in The Dutra Group v. Batterton; Joel Goldstein has our preview.

Kitchen v. United States

Petition for certiorari denied on May 14, 2018
Docket No. Op. Below Argument Opinion Vote Author Term
17-7521 11th Cir. N/A N/A N/A N/A OT 2017

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.

DateProceedings and Orders (key to color coding)
Jan 18 2018Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 21, 2018)
Feb 21 2018Motion to extend the time to file a response from February 21, 2018 to March 23, 2018, submitted to The Clerk.
Feb 22 2018Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2018.
Mar 19 2018Supplemental brief of petitioner Sadonnie Kitchen filed.
Mar 23 2018Brief of respondent United States in opposition filed.
Apr 05 2018Reply of petitioner Sadonnie Kitchen filed.
Apr 12 2018DISTRIBUTED for Conference of 4/27/2018.
May 07 2018DISTRIBUTED for Conference of 5/10/2018.
May 14 2018Petition DENIED.
Term Snapshot