No. 18-7123

Derrick Michael Allen, Sr. v. United States

Lower Court: Fourth Circuit
Docketed: 2018-12-19
Status: GVR
Type: IFP
Response RequestedResponse WaivedRelisted (3)IFP
Tags: criminal-defendant criminal-law criminal-procedure due-process firearm-possession firearms legal-knowledge mens-rea second-amendment statutory-interpretation statutory-offense
Key Terms:
SecondAmendment JusticiabilityDoctri
Latest Conference: 2019-06-27 (distributed 3 times)
Question Presented (AI Summary)

Whether 18 U.S.C. §§ 922(g) and 924 require the government to prove a criminal defendant's mens rea as to each substantive element of the enumerated statutory offenses, including the defendant's knowledge of the fact that renders illegal the otherwise constitutionally protected possession of a firearm

Question Presented (OCR Extract)

QUESTION PRESENTED Whether 18 U.S.C. §§ 922(g) and 924 require the government to prove a criminal defendant’s mens rea as to each substantive element of the enumerated statutory offenses, including the defendant’s knowledge of the fact that renders illegal the otherwise constitutionally protected possession of a firearm.

Docket Entries

2019-07-30
JUDGMENT ISSUED.
2019-06-28
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Rehaif v. United States, 588 U. S. ___ (2019).
2019-06-26
DISTRIBUTED for Conference of 6/27/2019.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2019-04-08
Reply of petitioner Derrick Michael Allen, Sr. filed.
Main DocumentProof of Service
2019-03-25
Memorandum of respondent United States filed.
Main DocumentProof of Service
2019-02-15
Motion to extend the time to file a response is granted and the time is extended to and including March 25, 2019.
2019-02-13
Motion to extend the time to file a response from February 22, 2019 to March 25, 2019, submitted to The Clerk.
Main Document
2019-01-23
Response Requested. (Due February 22, 2019)
2019-01-17
DISTRIBUTED for Conference of 2/15/2019.
2019-01-09
Waiver of right of respondent United States to respond filed.
Main Document
2018-12-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 18, 2019)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Derrick Michael Allen, Sr.
Kearns Davis — Brooks, Pierce, McLendon, Humphrey & Leonard, LLP, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent