No. 19-5601

Clinton Devone Hicks v. United States

Lower Court: Fifth Circuit
Docketed: 2019-08-16
Status: GVR
Type: IFP
Relisted (2)IFP Experienced Counsel
Tags: criminal-law criminal-penalties due-process felony felony-status firearms firearms-possession indictment-requirements interstate-commerce knowledge mens-rea prior-conviction statutory-interpretation statutory-maximum
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-02-28 (distributed 2 times)
Question Presented (AI Summary)

Whether 18 U.S.C. § 924(a) provides for criminal penalties for felons who possess firearms in interstate commerce absent proof that they knew of their felony status, or of the firearms movement in interstate commerce?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether 18 U.S.C. § 924(a) provides for criminal penalties for felons who possess firearms in interstate commerce absent proof that they knew of their felony status, or of the firearms movement in interstate commerce? II. Whether all facts—including the fact of a prior conviction—that increase a defendant’s statutory maximum must be pleaded in the indictment and either admitted by the defendant or proven to a jury beyond a reasonable doubt? III. Whether the definition of “delivery” in the Texas controlled substances statute, which includes an offer to sell includes conduct that does not qualify as a “serious drug offense”? i

Docket Entries

2020-04-03
JUDGMENT ISSUED.
2020-03-02
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 <i>Rehaif v. United States</i>, 588 U. S. ___ (2019).
2020-02-26
DISTRIBUTED for Conference of 2/28/2020.
2020-02-26
Supplemental brief of petitioner Clinton Hicks filed. (Distributed)
2019-10-03
DISTRIBUTED for Conference of 10/18/2019.
2019-09-16
Memorandum of respondent United States of America filed.
2019-08-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 16, 2019)

Attorneys

Clinton Hicks
Christopher A. CurtisFederal Public Defender's Office, Petitioner
Christopher A. CurtisFederal Public Defender's Office, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent