No. 20-444
United States v. Michael Andrew Gary
Tags: criminal-law criminal-procedure due-process felon-in-possession firearm-possession mens-rea plain-error plain-error-rule plea-bargaining plea-colloquy substantial-rights
Key Terms:
DueProcess FifthAmendment JusticiabilityDoctri
DueProcess FifthAmendment JusticiabilityDoctri
Latest Conference:
2021-02-19
(distributed 2 times)
Question Presented (AI Summary)
Whether a defendant who pleaded guilty to possessing a firearm as a felon is automatically entitled to plain-error relief if the district court did not advise him that one element of that offense is knowledge of his status as a felon
Question Presented (from Petition)
QUESTION PRESENTED Whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. 922(g)(1) and 924(a), is automatically entitled to plainerror relief if the district court did not advise him that one element of that offense is knowledge of his status as a felon, regardless of whether he can show that the district court’s error affected the outcome of the proceedings. (I)
Docket Entries
2021-07-16
JUDGMENT ISSUED.
2021-04-20
Argued. For petitioner: Jonathan Y. Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Jeffrey L. Fisher, Stanford, Cal. (Appointed by this Court)
2021-04-09
Reply of petitioner United States filed. (Distributed)
2021-03-30
CIRCULATED
2021-03-29
Motion of petitioner for leave to file Volume II of the joint appendix under seal GRANTED.
2021-03-25
Brief amicus curiae of Cato Institute filed.
2021-03-25
Brief amici curiae of Former United States District Court Judges filed.
2021-03-25
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2021-03-25
Brief amicus curiae of National Association of Federal Defenders filed.
2021-03-25
Brief amicus curiae of Stuart Banner filed.
2021-03-25
The record from the U.S.C.A. 4th Circuit is electronic and located on Pacer, with the exception of a sealed joint appendix, that was received and filed electronically.
2021-03-18
Brief of respondent Michael Andrew Gary filed.
2021-03-17
Record received from the U.S.D.C. District of South Carolina has been electronically received and filed.
2021-03-15
Record requested.
2021-03-12
SET FOR ARGUMENT on Tuesday, April 20, 2021.
2021-02-22
Blanket Consent filed by Respondent, Michael Andrew Gary
2021-02-22
Motion to appoint counsel filed by respondent GRANTED, and Jeffrey L. Fisher, Esq., of Stanford, California, is appointed to serve as counsel for respondent in this case.
2021-02-16
Motion to file Volume II of the joint appendix under seal filed by petitioner United States.
2021-02-16
Joint appendix filed. (Statement of costs filed 5/12/21).
2021-02-16
Brief of petitioner United States filed.
2021-01-20
Motion DISTRIBUTED for Conference of 2/19/2021.
2021-01-12
Motion to appoint counsel filed by respondent Michael Andrew Gary.
2021-01-08
Petition GRANTED.
2021-01-08
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
2020-12-23
Reply of petitioner United States filed. (Distributed)
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-08
Motion for leave to proceed in forma pauperis filed by respondent Michael Andrew Gary.
2020-12-08
Brief of respondent Michael Andrew Gary in opposition filed.
2020-10-14
Motion to extend the time to file a response is granted and the time is extended to and including December 8, 2020.
2020-10-13
Motion to extend the time to file a response from November 6, 2020 to December 8, 2020, submitted to The Clerk.
2020-10-05
Petition for a writ of certiorari filed. (Response due November 6, 2020)
Attorneys
Cato Institute
Jay Remington Schweikert — The Cato Institute, Amicus
Jay Remington Schweikert — The Cato Institute, Amicus
Former United States District Court Judges
Michael Andrew Gary
National Association of Criminal Defense Lawyers
David Mark Bitkower — Jenner & Block LLP, Amicus
David Mark Bitkower — Jenner & Block LLP, Amicus
National Association of Federal Defenders
Carlton Frederick Gunn — Amicus
Carlton Frederick Gunn — Amicus
Stuart Banner
United States
Elizabeth B. Prelogar — Acting Solicitor General, Petitioner
Elizabeth B. Prelogar — Acting Solicitor General, Petitioner