No. 19-566

Devan Pierson v. United States

Lower Court: Seventh Circuit
Docketed: 2019-10-30
Status: GVR
Type: Paid
Experienced Counsel
Tags: 922(g)-felon-in-possession criminal-procedure direct-appeal firearm-possession first-step-act first-step-act-2018 rehaif rehaif-standard rehaif-v-united-states sentencing status-based-possession statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-03-06
Question Presented (AI Summary)

Whether a sentence is 'imposed' within the meaning of §401(c) of the First Step Act when it is first issued by the district court, or when it becomes final following exhaustion of the direct-appeal process

Question Presented (OCR Extract)

question presented is whether a sentence is “imposed” within the meaning of §401(c) when it is first issued by the district court, or when it becomes final following exhaustion of the direct-appeal process. 2. In its recent decision in Rehaif v. United States, this Court concluded that, to prove a status-based possession charge under §922(g), the government “must show that the defendant knew he possessed a firearm and also that he knew he had the relevant status when he possessed it.” 139 S. Ct. 2191, 2194 (2019). The government did not endeavor to make that showing in this case. The second question presented is whether petitioner is entitled to a grant, vacate, and remand for reconsideration in light of Rehaif.

Docket Entries

2020-04-10
JUDGMENT ISSUED.
2020-03-09
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Rehaif</i> v. <i>United States</i>, 588 U. S. ___ (2019).
2020-02-19
DISTRIBUTED for Conference of 3/6/2020.
2020-02-18
Reply of petitioner Devan Pierson filed.
2020-01-30
Brief of respondent United States in opposition filed.
2019-12-19
Motion to extend the time to file a response is granted and the time is further extended to and including January 30, 2020.
2019-12-18
Motion to extend the time to file a response from December 30, 2019 to January 30, 2020, submitted to The Clerk.
2019-11-21
Motion to extend the time to file a response is granted and the time is extended to and including December 30, 2019.
2019-11-20
Motion to extend the time to file a response from November 29, 2019 to December 30, 2019, submitted to The Clerk.
2019-10-28
Petition for a writ of certiorari filed. (Response due November 29, 2019)
2019-09-06
Application (19A142) granted by Justice Kavanaugh extending the time to file until October 28, 2019.
2019-09-05
Application (19A142) to extend further the time from September 28, 2019 to October 28, 2019, submitted to Justice Kavanaugh.
2019-08-05
Application (19A142) to extend the time to file a petition for a writ of certiorari from August 29, 2019 to September 28, 2019, submitted to Justice Kavanaugh.
2019-08-05
Application (19A142) granted by Justice Kavanaugh extending the time to file until September 28, 2019.

Attorneys

Devan Pierson
Erin E. MurphyKirkland & Ellis LLP, Petitioner
Erin E. MurphyKirkland & Ellis LLP, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent