No. 20-5852

Robert Louis Brandon v. United States

Lower Court: Fifth Circuit
Docketed: 2020-09-30
Status: Denied
Type: IFP
Relisted (3)IFP
Tags: appellate-review automatic-reversal circuit-split criminal-procedure guilty-plea prejudice-inquiry rehaif-error rehaif-v-united-states structural-error
Latest Conference: 2021-06-17 (distributed 3 times)
Question Presented (from Petition)

1. Is a district court's error under Rehaif v. United States, 139 S. Ct. 2191 (2019), a structural error that warrants automatic reversal of a guilty plea, as the Fourth Circuit has held, or is there no structural error in the context of Rehaif, as most other circuits have held?

2. Relatedly, what prejudice inquiry (if any) applies to appellate review of an unknowing and involuntary guilty plea?

Question Presented (AI Summary)

Is a district court's error under Rehaif v. United States a structural error that warrants automatic reversal of a guilty plea?

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.
2020-11-06
Reply of petitioner Robert Brandon filed.
2020-10-30
Memorandum of respondent United States filed.
2020-09-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 30, 2020)

Attorneys

Robert Brandon
Nelson Starbranch EbaughNelson S. Ebaugh, P.C., Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent