Shular v. United States (18-6662)
argument 18-6662Shular v. United States
Supreme Court of the United States
1h 0m
6 speakers
5 chapters
transcribed 7 days ago
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What is the central legal question presented in Schuler v. United States?
We'll hear argument first this morning in case eighteen sixty six six six six six six sixty two, Schuler versus United States.
Mr Schumer? Mr Chief Justice, and may it please the Court, Mr Schuler has prior convictions for drug offenses lacking the mensrea element necessary to distinguish between blameworthy and otherwise innocent conduct. In nineteen eighty six one state, North Dakota, had dispensed with the element of guilty knowledge for its drug trafficking crimes. Today, Florida is the only state lacking a guilty knowledge element. Florida's law is an aberration. The question here is whether Congress intended convictions under such an aberrational law to support the extreme sentencing enhancement of up to life in prison under ACA. The answer is no for a variety of reasons. First, the state offense provision presents a list of generic crimes which all include a mensrea element.
Second, the text of the state offence provision itself implies a mensrea element irrespective of any generic offence analysis. Third, Congress described the qualifying State offenses by tracking almost verbatim the language of the Federal drug trafficking statute. Congress used the same terms and even in the same order as the federal statute. We know that when Congress transplants language from one legal source to another, The language carries the old soil with it, and here the old soil includes a mens ray element. While tracking the federal statute Congress used the term involving. to sweep in similar crimes described with different terminology, such as promoting, producing or furnishing a controlled substance.
And Florida uses the term sale, which we agree comes under the umbrella of the term the federal term distribution. Finally, since Congress legislates against the background of the common law, even in the sentencing context, The requirement for prior conviction for felony offences itself carries a presumption of mensrea for all the serious drug offenses, federal and state. and shows, moreover, that the state predicate provision is offence driven and not based upon discrete conduct or activities. That's a summary of our argument, but I can be more specific. Here we have a phrase manufacturing distribution Possession with intent to manufacture or distribute a a controlled substance. This phrase incorporates well known drug trafficking crimes under the federal code and ver virtually identical language is used to describe
the g the the drug trafficking cri crimes under the Uniform Control Substances Act. In nineteen eighty six Congress knew that every state had adopted the Uniform Act to a substantial degree. It is only natural, therefore, that Congress would use this same language to identify drug trafficking offences in not discrete conduct or activities under the state offence provision.
The difference between uh the Florida statute and the federal statute as I understand it is the following, but you'll correct me if I'm wrong. Under the federal statute, the prosecution has to prove that the defendant knew that the substance in question was a controlled substance. Whereas under Florida That is an affirmative defense. So if the defendant raises the affirmative defense, then the state has to prove beyond a reasonable doubt that the defendant knew it was a controlled substance. Is that the the substance of the difference between the two?
Well, I think that's a correct conclusion based upon a uh Florida jury instruction. Uh however, even in Florida, even if a defendant were to raise that affirmative defense A verdict of guilty would never under any circumstance incorporate a specific finding that the defendant had guilty knowledge because the Florida law also places upon the defendant a burden of production of evidence.
Right. But if it if the affirmative defense is raised, then the situation is the same as it is under federal law. has to be proven beyond a reasonable doubt.
That is a reasonable uh assumption, but the Florida Supreme Court has never actually ruled which party has the burden of ultimate burden of proof.
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Chapters
5 chapters
1
What is the central legal question presented in Schuler v. United States?
0:00–5:02
2
How does the argument address the presence or absence of a mens‑reia element in Florida’s drug statute?
5:02–15:26
3
Why does the brief claim that Florida’s law is an “aberration” compared to other states?
15:26–23:49
4
What is the role of the affirmative defense under Florida law and who bears the burden of proof?
23:49–48:14
5
How does the term “involves” affect the categorical approach to ACA predicates?
48:14–1:00:49