No. 20-1167

Jose Susumo Azano Matsura v. United States

Lower Court: Ninth Circuit
Docketed: 2021-02-25
Status: Denied
Type: Paid
Tags: firearm-possession guilty-knowledge plain-error-review rehaif-v-united-states second-amendment-rights statutory-exceptions unconstitutionally-vague visa-holder
Key Terms:
SecondAmendment DueProcess
Latest Conference: 2021-05-20
Question Presented (AI Summary)

Should the Court grant review to clarify the guilty knowledge element under 18 U.S.C. § 922(g)(5)(B)

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Should the Court grant review to clarify that the guilty knowledge of status element under 18 U.S.C. § 922(g)(5)(B), means knowledge that one’s legal status as a non-immigrant visa holder prohibits firearm possession under Rehaif v. United States, 139 S.Ct. 2191 (2019)? A. Given the Statutory and Regulatory Exceptions Permitting Visa Holders to Lawfully Possess Firearms, Must the Government's Proof Requirement of Knowledge Extend to Showing Petitioner Knew his Possession was Unlawful Despite Those Exceptions? B. Are 18 U.S.C. § 922(g)(5)(B) and attendant regulations unconstitutionally vague on their face or as applied to petitioner given that both laws permit visa holders to possess a firearm under uncertain circumstances? C. What is the plain error review standard —structural or something less-when the Rehaif knowledge element is not only omitted from jury instructions, but the jury is told that petitioner’s knowledge of status is irrelevant? 2. Does the Second Amendment right to possess a firearm in one’s home protect visa holders, making 18 U.S.C. § 922(g)(5)(b) unconstitutional? i

Docket Entries

2021-05-24
Petition DENIED.
2021-05-04
DISTRIBUTED for Conference of 5/20/2021.
2021-04-27
Reply of petitioner Jose Susumo Azano Matsura filed.
2021-04-26
Memorandum of respondent United States, Solicitor Generfal filed.
2021-03-24
Motion to extend the time to file a response is granted and the time is extended to and including April 28, 2021.
2021-03-23
Motion to extend the time to file a response from March 29, 2021 to April 28, 2021, submitted to The Clerk.
2021-02-12
Petition for a writ of certiorari filed. (Response due March 29, 2021)

Attorneys

Jose Susumo Azano Matsura
Charles M SevillaLaw office of Charles Sevilla, Petitioner
Charles M SevillaLaw office of Charles Sevilla, Petitioner
United States, Solicitor Generfal
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent