No. 20-5824

Trenard Caldwell v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-09-28
Status: Denied
Type: IFP
Relisted (3)IFP
Tags: criminal-procedure due-process eleventh-circuit fourth-circuit guilty-plea plea-withdrawal rehaif-standard rehaif-v-united-states statutory-interpretation structural-error
Key Terms:
SocialSecurity DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2021-06-17 (distributed 3 times)
Question Presented (AI Summary)

Whether a defendant's guilty plea to a violation of 18 U.S.C. §922(g) is reversible error per se where the plea was neither knowing nor voluntary due to the defendant not being advised that knowledge-of-status is a crucial element of the offense

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Where a defendant pled guilty to a violation of 18 U.S.C. §922(g) prior to Rehaif y. United States, 139 S.Ct. 2191 (2029), and it is undisputed that the plea was neither knowing nor voluntary because he was not told that knowledge-of-status is a crucial element of the offense, is such a plea entered in clear violation of the Due Process Clause reversible error per se, or must a defendant prove that he would not have pled had he been advised of the knowledgeof-status element? i INTERESTED PARTIES There are no

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.
2020-12-07
Rescheduled.
2020-11-25
DISTRIBUTED for Conference of 12/11/2020.
2020-10-30
Memorandum for the 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 28, 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 28, 2020)

Attorneys

United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent