Kitchen v. United States
Petition for certiorari denied on May 14, 2018
Issue: (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.
| Date | Proceedings and Orders |
|---|---|
| 01/18/2018 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 21, 2018) |
| 02/21/2018 | Motion to extend the time to file a response from February 21, 2018 to March 23, 2018, submitted to The Clerk. |
| 02/22/2018 | Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2018. |
| 03/19/2018 | Supplemental brief of petitioner Sadonnie Kitchen filed. |
| 03/23/2018 | Brief of respondent United States in opposition filed. |
| 04/05/2018 | Reply of petitioner Sadonnie Kitchen filed. |
| 04/12/2018 | DISTRIBUTED for Conference of 4/27/2018. |
| 05/07/2018 | DISTRIBUTED for Conference of 5/10/2018. |
| 05/14/2018 | Petition DENIED. |