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Eady v. United States

Certiorari Denied

Petition for certiorari denied on November 12, 2019.

Docket No.18-9424
Op. Below11th Cir.

Issue

(1) Whether the "knowingly" provision of 18 U.S.C. § 924(a)(2) applies to both the possession and status elements of a 18 U.S.C. § 922(g) crime; (2) whether, under the "realistic probability" standard of Gonzalez v. Duenas-Alvarez, it is necessary to identify a reported case to establish that a state statute is overbroad vis-a-vis a federal definition if the plain language of the state statute so indicates; and (3) whether the U.S. Court of Appeals for the 11th Circuit erred under Miller-El v. Cockrell and Buck v. Davis in denying the petitioner, Lamar Eady, a certificate of appealability based upon adverse circuit precedent, when the question of whether Florida felony battery under Fla. Stat. " 784.041(1) is an ACCA "violent felony" is debatable among reasonable jurists.

Proceedings & orders timeline

May 22, 2019
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 24, 2019)
Jun 3, 2019
Waiver of right of respondent United States to respond filed.
Jun 13, 2019
DISTRIBUTED for Conference of 10/1/2019.
Jul 5, 2019
Response Requested. (Due August 5, 2019)
Jul 31, 2019
Motion to extend the time to file a response from August 5, 2019 to September 4, 2019, submitted to The Clerk.
Aug 1, 2019
Motion to extend the time to file a response is granted and the time is extended to and including September 4, 2019.
Aug 29, 2019
Motion to extend the time to file a response from September 4, 2019 to September 27, 2019, submitted to The Clerk.
Aug 30, 2019
Motion to extend the time to file a response is granted and the time is further extended to and including September 27, 2019.
Sep 27, 2019
Brief of respondent United States in opposition filed.
Oct 16, 2019
Reply of petitioner Lamar Eady filed. (Distributed)
Oct 17, 2019
DISTRIBUTED for Conference of 11/1/2019.
Nov 4, 2019
DISTRIBUTED for Conference of 11/8/2019.
Nov 12, 2019
Petition DENIED.

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