No. 19-7388

Aaron Perez v. United States

Lower Court: Ninth Circuit
Docketed: 2020-01-24
Status: Denied
Type: IFP
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
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-04-24
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

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. 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(g)(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 Rehaif v. United States, 139 S. Ct. 2191 (2019). i INTERESTED PARTIES All parties to the case below are named in the caption. y il RULE 14.1(b)Gii) STATEMENT There are no proceedings directly related to the case in this Court. iil

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 MatthewsFederal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent