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: Defense Newsletter Blog

Conage: ACCA Case Certifying Question about "Purchasing" Trafficking Quantity to Florida Supreme Court

By Tim Cone

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In United States v. Conage, No. 17-13975 (Sept. 30, 2020) (Julie Carnes, Ed Carnes, Clevenger), the Court certified a question to the Florida Supreme Court about the Florida trafficking statute in 893.135. The question was whether cocaine trafficking under 893.135(1)(b)1 is a ?serious drug offense? under the ACCA. That Florida statute is indivisible, and it prohibits ?purchasing? a trafficking quantity of drugs. To satisfy the ACCA?s definition of a ?serious drug offense,? the offense must ?involve? certain acts, one of which is possession with intent to distribute. Thus, the question was whether purchasing a trafficking quantity under 893.15 ?involves? actual or constructive ?possession? of the drug being purchased...continue to full post

Full post as published by Defense Newsletter Blog on September 30, 2020 (boomark / email).