Christopher Johnson v. United States
Immigration
Did the Ninth Circuit Court of Appeals erroneously find Johnson forfeited his sentencing claim, disregarding this Court's claim preservation holding in Yee v. City of Escondido, 503 U.S. 519 (1992)?
Question Presented For Review I. Did the Ninth Circuit Court of Appeals erroneously find Johnson forfeited his sentencing claim, disregarding this Court’s claim preservation holding in Yee v. City of Escondido, 503 U.S. 519 (1992)? I. Did the Ninth Circuit Court of Appeals erroneously misinterpret Federal Rule of Criminal Procedure 32 to characterize Johnson’s legal claim to whether his prior conviction constitutes a crime of violence under the federal Sentencing Guidelines as a factual argument? fil. Did the Ninth Circuit Court of Appeals misapply this Court’s decision in Moncrieffe v. Holder, 569 U.S. 184 (2013), to find Johnson’s prior state wobbler conviction was a felony offense under the federal Sentencing Guidelines? IV. Should Johnson’s guilty plea to violating 18 U.S.C. § 922(g)(1) and the resulting sentence be vacated under Rehaif v. United States, 139 S. Ct. 2191 (2019), where all involved understood that, under then-binding precedent, a § 922(g)(1) conviction did not require proof beyond a reasonable doubt that Johnson know his alleged prohibited status at the time of the firearm possession? i