Kitchen v. United States

(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.