No. 19-5456

Ibrahim McCants v. United States

Lower Court: Third Circuit
Docketed: 2019-08-05
Status: GVR
Type: IFP
IFP
Tags: anonymous-tip categorical-approach criminal-law criminal-statute divisibility-of-state-statutes domestic-violence due-process federal-criminal-procedure firearms fourth-amendment mathis-v-united-states mens-rea police-stop-and-frisk reasonable-suspicion rehaif-standard rehaif-v-united-states statutory-interpretation stop-and-frisk supreme-court-precedent third-circuit-court-of-appeals
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2019-10-11
Question Presented (AI Summary)

Whether the government established the knowledge-of-status element under 18 U.S.C. § 922(g)(1)

Question Presented (from Petition)

QUESTIONS PRESENTED 1. In light of this Court’s recent decision in Rehaif v. United States, 139 S. Ct. 2191 (2019), should this Court grant certiorari, vacate the judgment of conviction, and remand to the United States Court of Appeals for further consideration where the government did not establish Petitioner’s knowledge of the “status element” of 18 U.S.C. § 922(g)(1), one of the two counts of conviction? 2. Does an anonymous tip providing minimal physical and location descriptors and alleging ongoing domestic violence that is not corroborated when police respond within minutes of the call suffice to support a stop and frisk based on “circumstances common to domestic violence calls”? 3. Whether the Third Circuit’s approach to determining that New Jersey’s second degree robbery statute is divisible is contrary to Mathis v. United States when it ignores state law sources and relies on the layout of the statute and the fact that different subsections require different proof? 1 PARTIES TO PROCEEDING The

Docket Entries

2019-11-18
JUDGMENT ISSUED.
2019-10-15
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).
2019-09-19
DISTRIBUTED for Conference of 10/11/2019.
2019-09-04
Brief of memorandum for the United States in opposition filed.
2019-08-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 4, 2019)
2019-06-28
Application (18A1368) granted by Justice Alito extending the time to file until August 5, 2019.
2019-06-25
Application (18A1368) to extend the time to file a petition for a writ of certiorari from July 4, 2019 to August 5, 2019, submitted to Justice Alito.

Attorneys

Ibrahim McCants
Louise ArkelOffice of the Federal Public Defender, Petitioner
Louise ArkelOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent