No. 18-7490

Dan Reed v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-01-24
Status: GVR
Type: IFP
Relisted (2)IFP
Tags: 8th-amendment criminal-law due-process felon-in-possession mens-rea rehaif-v-united-states sentencing statutory-interpretation
Key Terms:
DueProcess Punishment JusticiabilityDoctri
Latest Conference: 2019-06-27 (distributed 2 times)
Question Presented (AI Summary)

Whether the 'knowingly' provision of 18 U.S.C. § 924(a)(2) applies to both the possession and status elements of a 18 U.S.C. § 922(g) crime?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the “knowingly” provision of 18 U.S.C. § 924(a)(2) applies to both the possession and status elements of a 18 U.S.C. § 922(g) crime? This Court recently granted certiorari to address this question in Rehaif v. United States, No. 17-9560. 2. Whether expert testimony concerning a defendant’s intellectual disability and mental health conditions — such as Petitioner’s full-scale IQ of 61 and diagnosis of schizophrenia paranoid type — is relevant and admissible to support a justification defense to a § 922(g) crime? 3. Whether a mandatory-minimum sentence of 15 years in prison violates the Due Process Clause and the Eighth Amendment, because the sentencing court is afforded no discretion to impose a lower sentence based on the defendant’s intellectual disability and mental health conditions? i

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.
2019-05-29
DISTRIBUTED for Conference of 6/13/2019.
2019-05-10
Memorandum of respondent United States of America filed.
2019-04-17
Motion to extend the time to file a response is granted and the time is further extended to and including May 10, 2019.
2019-04-15
Motion to extend the time to file a response from April 26, 2019 to May 10, 2019, submitted to The Clerk.
2019-03-22
Motion to extend the time to file a response from March 27, 2019 to April 26, 2019, submitted to The Clerk.
2019-03-22
Motion to extend the time to file a response is granted and the time is further extended to and including April 26, 2019.
2019-02-25
Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2019.
2019-02-22
Motion to extend the time to file a response from February 25, 2019 to March 27, 2019, submitted to The Clerk.
2019-01-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 25, 2019)

Attorneys

Dan Reed
M. Allison GuagliardoFederal Defender's Office, Petitioner
M. Allison GuagliardoFederal Defender's Office, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent