No. 19-7388
IFP
Tags: actual-prosecution categorical-match categorical-overbreadth circuit-split criminal-procedure evidence-sufficiency federal-sentencing felon-in-possession insufficient-evidence prior-conviction prior-felony-conviction rehaif
Latest Conference:
2020-04-24
Question Presented (from Petition)
I. Whether a defendant who seeks to demonstrate that a prior conviction is not a categorical match for federal sentencing purposes must point to an actual state court prosecution illustrating the state crime's overbreadth.
2. Whether a defendant's conviction for violating 18 U.S.C. § 922(0(1), felon in possession of a firearm, must be reversed for insufficient evidence because there was no proof that he knew at the time of the offense that he had a prior felony conviction, as required by Rehai f v. United States, 139 S. Ct. 2191 (2019).
Question Presented (AI Summary)
Whether a defendant must point to an actual state court prosecution to demonstrate a prior conviction is not a categorical match
Docket Entries
2020-04-27
Petition DENIED.
2020-04-09
DISTRIBUTED for Conference of 4/24/2020.
2020-04-01
Reply of petitioner Aaron Perez filed.
2020-03-25
Memorandum of respondent United States filed.
2020-02-20
Motion to extend the time to file a response is granted and the time is extended to and including March 25, 2020.
2020-02-19
Motion to extend the time to file a response from February 24, 2020 to March 25, 2020, submitted to The Clerk.
2020-01-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 24, 2020)
Attorneys
Aaron Perez
Jerome Emory Matthews — Federal Public Defender, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent