No. 20-5796

Isaac Thomas v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-09-24
Status: Denied
Type: IFP
Relisted (3)IFP
Tags: 922(g)(1) 922(q)(2)(A) commerce-clause due-process guilty-plea rehaif-v-united-states
Key Terms:
DueProcess
Latest Conference: 2021-06-17 (distributed 3 times)
Question Presented (AI Summary)

Whether a defendant's guilty plea entered before Rehaif v. United States constitutes a due-process-violation

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a defendant’s guilty plea entered before Rehaif'v. United States, 139 S. Ct. 2191 (2020), in which the defendant was not advised of the essential elements of the crime with which he was charged, constitutes a due process violation requiring vacatur of the guilty plea? 2. Whether 18 U.S.C. § 922(q)(2)(A) is unconstitutional facially and as applied to the purely intrastate conduct of possessing a firearm within a school zone, because the statute suffers from the same infirmities that led the Court to strike down the earlier version of the statute in United States v. Lopez, 514 U.S. 549 (1995)? 3. Whether 18 U.S.C. § 922(g)(1) exceeds Congress’s Commerce Clause power, facially and as applied to the purely intrastate conduct of possessing a firearm and ammunition as a convicted felon, where the only connection to interstate commerce occurred before the defendant’s possession? i PROCEEDINGS IN FEDERAL TRIAL AND APPELLATE COURTS DIRECTLY RELATED TO THIS CASE United States Supreme Court: United States v. Isaac Thomas, No. 19-5025 (Oct. 15, 2019) (granting certiorari, vacating judgment, and remanding for further proceedings in light of Rehaif v. United States, 139 S. Ct. 2191 (2019)). United States Court of Appeals (11th Cir.): United States v. Isaac Thomas, No. 18-10956 767 F. App’x 758 (Mar. 29, 2019) (original opinion) 810 F. App’x 789 (Apr. 22, 2020) (opinion on remand) United States District Court (M.D. Fla.): United States v. Isaac Thomas, No. 8:17-cr-90-T-23MAP (Feb. 26, 2018) ii

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-11-30
Rescheduled.
2020-11-18
DISTRIBUTED for Conference of 12/4/2020.
2020-10-30
Memorandum of respondent United States filed.
2020-10-21
Motion to extend the time to file a response is granted and the time is extended to and including October 30, 2020.
2020-10-20
Motion to extend the time to file a response from October 26, 2020 to October 30, 2020, submitted to The Clerk.
2020-09-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 26, 2020)

Attorneys

Isaac Thomas
M. Allison GuagliardoOffice of the Federal Defender, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent