No. 19-6033

Christopher Johnson v. United States

Lower Court: Ninth Circuit
Docketed: 2019-09-24
Status: GVR
Type: IFP
IFP Experienced Counsel
Tags: claim-preservation claim-preservation-yee-v-city-of-escondido crime-of-violence federal-rule-criminal-procedure federal-rule-of-criminal-procedure-32 federal-rules-of-criminal-procedure moncrieffe-v-holder ninth-circuit rehaif-standard rehaif-v-united-states sentencing sentencing-guidelines yee-v-city-of-escondido
Key Terms:
Immigration
Latest Conference: 2019-11-22
Question Presented (AI Summary)

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 (OCR Extract)

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

Docket Entries

2019-12-27
JUDGMENT ISSUED.
2019-11-25
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).
2019-11-07
DISTRIBUTED for Conference of 11/22/2019.
2019-10-24
Memorandum of respondent United States of America filed.
2019-09-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 24, 2019)

Attorneys

Christopher Johnson
Amy B. ClearyFederal Public Defender, District of Nevada, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent