No. 19-5572

Rickie Markiece Atkinson v. United States

Lower Court: Fourth Circuit
Docketed: 2019-08-13
Status: GVR
Type: IFP
IFP
Tags: 18-usc-922g armed-career-criminal-act breaking-and-entering burglary categorical-approach circuit-precedent fourth-amendment guilty-plea north-carolina-breaking-or-entering rehaif-standard rehaif-v-united-states statutory-interpretation
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2019-10-11
Question Presented (AI Summary)

Whether North Carolina breaking or entering is categorically broader than the enumerated offense of burglary in the Armed Career Criminal Act

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether North Carolina breaking or entering, which criminalizes, among other things, the breaking or entering into “any other structure designed to house or secure within it any activity or property” is categorically broader than the enumerated offense of burglary in the Armed Career Criminal Act. II. Whether a guilty plea to violating 18 U.S.C. § 922(g) and the resulting sentence must be vacated in light of Rehaifv. United States, 139 8. Ct. 2191 (June 21, 2019), where all involved—the District Court, the Government, defense counsel, and Mr. Atkinson himself—believed that, under binding Circuit precedent, a conviction under that statute did not require the Government to prove beyond a reasonable doubt that Mr. Atkinson actually knew he had been convicted of a crime punishable by a term of imprisonment of more than a year. il LIST OF ALL DIRECTLY

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).
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-09-12
Memorandum of respondent United States of America filed.
2019-08-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 12, 2019)
2019-06-05
Application (18A1259) granted by The Chief Justice extending the time to file until August 9, 2019.
2019-06-04
Application (18A1259) to extend the time to file a petition for a writ of certiorari from June 10, 2019 to August 9, 2019, submitted to The Chief Justice.

Attorneys

Rickie Atkinson
Jaclyn Lee DiLauroAssistant Federal Public Defender, Petitioner
Jaclyn Lee DiLauroAssistant Federal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent