No. 20-6572

Deshawn Legrier v. United States

Lower Court: Second Circuit
Docketed: 2020-12-09
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: appellate-review criminal-procedure evidence-consideration felon-in-possession judicial-proceedings jury-instructions plain-error-review rehaif-error rehaif-v-united-states sufficiency-of-evidence trial-record
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-06-17 (distributed 2 times)
Question Presented (AI Summary)

Whether an appellate court can consider evidence outside the trial record to conclude that a Rehaif-based error did not seriously affect the fairness, integrity or public reputation of judicial proceedings

Question Presented (OCR Extract)

QUESTION PRESENTED In Rehaif v. United States, 139 S.Ct. 2191 (2019), this Court held that knowledge-of-status was an element of the crime set forth in 18 U.S.C. § 922(g). Where a defendant is charged with being a felon in possession of a firearm (18 U.S.C. § 922(g)(1)) in an indictment that does not allege the knowledge-of-status element of the offense, the jury is not instructed to find that same element, and the evidence is insufficient to prove that element and thus, defendant’s guilt, can an appellate court, on plain error review, consider evidence that was never presented to the jury in order to conclude that the failure to correct the errors would not seriously affect the fairness, reputation or integrity of judicial proceedings? i

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2021-02-05
Memorandum of respondent United States of America filed.
2020-12-31
Motion to extend the time to file a response is granted and the time is extended to and including February 8, 2021.
2020-12-29
Motion to extend the time to file a response from January 8, 2021 to February 8, 2021, submitted to The Clerk.
2020-11-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 8, 2021)

Attorneys

Deshawn Legrier
Gwen Marta SchoenfeldLaw Office of Gwen M. Schoenfeld, LLC, Petitioner
Gwen Marta SchoenfeldLaw Office of Gwen M. Schoenfeld, LLC, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent