Brayboy v. United States of Amercia, No. 0:2010cv61283 - Document 17 (S.D. Fla. 2014)
Court Description: OPINION AND ORDER denying 15 Motion for Reconsideration; granting 16 Motion to Supplement the Supreme Court's Recent Holding, filed by Cornelius Brayboy. Signed by Judge Kenneth A. Marra on 6/18/2014. (ir)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 10-61283-CIV-MARRA/WHITE (06-60357-CR-MARRA) CORNELIUS BRAYBOY, Petitioner, vs. UNITED STATES OF AMERICA, Respondent. ___________________________/ ORDER AND OPINION DENYING MOTION FOR RECONSIDERATION THIS CAUSE is before the Court upon Petitioner s Motion for Reconsideration Pursuant to Federal Rules of Civil Procedure 59(E) [DE 15] and Brayboy s Motion Requesting to Supplement the Supreme Court s Recent Holding in Descamps v. U.S., 133 S. Ct. 2276 (2013) For Support of His Motion for Reconsideration Pending Before This Court [DE 16]. The Court has carefully considered the motions, all relevant law, and is otherwise fully advised in the premises. To the extent Petitioner places reliance on Descamps v. United States, -- U.S. , 133 S.Ct. 2276, 2580, 2582-83, 2586-87 (2013) ( Descamps ) for the proposition that his Florida state court conviction under Fla. Stat. ยง 893.13(1) does not qualify as a controlled substance offense under the sentencing guidelines because of the lack of a mens rea element, Petitioner s position has been rejected by the Eleventh Circuit Court of Appeals in United States v. Burton, Fed. App x. , 13-13340, 2014 WL 1800822 (11th Cir. May 7, 2014). Accordingly, it is hereby ORDERED AND ADJUDGED that Brayboy s Motion Requesting to Supplement the Supreme Court s Recent Holding in Descamps v. U.S., 133 S. Ct. 2276 (2013) for Support of His Motion for Reconsideration Pending Before This Court [DE 16] is granted, but Petitioner s Motion for Reconsideration Pursuant to Federal Rules of Civil Procedure 59(E) [DE 15] is DENIED. DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida, this 18th day of June, 2014. _________________________ KENNETH A. MARRA United States District Judge Page 2 of 2
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