No. 20-6162

Frank Trujillo v. United States

Lower Court: Tenth Circuit
Docketed: 2020-10-29
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: criminal-procedure due-process elements-of-offense federal-courts guilty-plea plea-bargaining plea-voluntariness rehaif-v-united-states standard-of-review
Key Terms:
DueProcess
Latest Conference: 2021-06-17 (distributed 2 times)
Question Presented (AI Summary)

Whether a defendant's guilty plea was knowing and voluntary when the defendant was not informed of an element of the offense

Question Presented (from Petition)

QUESTION PRESENTED Petitioner Frank Trujillo pleaded guilty to one count of knowingly possessing a firearm after having been convicted of a crime punishable by imprisonment for a term exceeding one year, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). At the time of his plea, he did not understand that knowledge of his status at the time of the offense was an element of the crime. See Rehaif v. United States, 139 S. Ct. 2191 (2019). On appeal, he argued for the first time that his plea should be vacated because it was not knowing and voluntary, in violation of the due process clause. The following question is presented: When a defendant argues for the first time on appeal that his guilty plea was not knowing and voluntary because he was not informed of the elements of the offense, what standard of review applies? i

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2021-01-14
DISTRIBUTED for Conference of 2/19/2021.
2021-01-12
Reply of petitioner Frank Trujillo filed. (Distributed)
2020-12-30
Memorandum for the United States filed.
2020-11-27
Motion to extend the time to file a response is granted and the time is extended to and including December 30, 2020.
2020-11-25
Motion to extend the time to file a response from November 30, 2020 to December 30, 2020, submitted to The Clerk.
2020-10-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 30, 2020)

Attorneys

Frank Trujillo
Kathleen ShenOffice of the Federal Public Defender, Districts of Colorado and Wyoming, Petitioner
Kathleen ShenOffice of the Federal Public Defender, Districts of Colorado and Wyoming, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent