No. 20-1522

United States v. Malik Nasir

Lower Court: Third Circuit
Docketed: 2021-04-30
Status: GVR
Type: Paid
Response RequestedRelisted (2) Experienced Counsel
Tags: appellate-review circuit-precedent criminal-law criminal-procedure due-process felon-in-possession firearm-possession plain-error-review statutory-interpretation
Key Terms:
AdministrativeLaw DueProcess FifthAmendment FourthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2021-09-27 (distributed 2 times)
Question Presented (AI Summary)

Whether a court of appeals may, on plain-error review, affirm a conviction following a trial for possessing a firearm as a felon, in violation of 18 U.S.C. 922(g)(1) and 924(a)(2), on the ground that the entire record demonstrates that the defendant was not prejudiced by the application of later-overruled circuit precedent under which the government was not required to charge or prove knowledge of felon status

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a court of appeals may, on plain-error review, affirm a conviction following a trial for possessing a firearm as a felon, in violation of 18 U.S.C. 922(g)(1) and 924(a)(2), on the ground that the entire record demonstrates that the defendant was not prejudiced by the application of later-overruled circuit precedent under which the government was not required to charge or prove knowledge of felon status. (I)

Docket Entries

2021-11-05
JUDGMENT ISSUED.
2021-10-04
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Greer</i> v. <i>United States</i>, 593 U. S. ___ (2021).
2021-08-04
DISTRIBUTED for Conference of 9/27/2021.
2021-07-20
Response to petition from respondent Malik Nasir filed.
2021-07-13
Response Requested. (Due August 12, 2021)
2021-06-16
DISTRIBUTED for Conference of 9/27/2021.
2021-04-30
Petition for a writ of certiorari filed. (Response due June 1, 2021)

Attorneys

Malik Nasir
Keith M. DonoghueFederal Community Defender Office, Eastern District of Pennsylvania, Respondent
United States
Brian H. FletcherActing Solicitor General, Petitioner