No. 20-6688

Arthur Tyrone Lee, Jr. v. United States

Lower Court: Eighth Circuit
Docketed: 2020-12-23
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: circuit-split criminal-law criminal-procedure plain-error rehaif-v-united-states sufficiency-of-evidence
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-06-17 (distributed 2 times)
Question Presented (AI Summary)

Whether the defendant's stipulation at trial was plain error warranting relief on the sufficiency of the evidence

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Whether, on plain error review and following this Court’s decision in Rehaif v. United States, 139 S. Ct. 2191 (2019), a defendant’s stipulation at trial that he had been convicted of a crime punishable by more than a year in prison, see 18 U.S.C. § 922(g)(1), but silent as to his knowledge of that conviction at the time he was alleged to possess the firearm, was plain error warranting relief on the sufficiency of the evidence? Whether the Eighth Circuit, on one side of a circuit split, erred in relying on a defendant’s stipulation at trial that he had been convicted of a crime punishable by more than a year in prison while conducting its plain error analysis, where that stipulation was entered at a time the defendant could not have known its effects based on case law overturned by Rehaif v. United States, 139 S. Ct. 2191 (2019).

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2021-03-11
DISTRIBUTED for Conference of 3/26/2021.
2021-02-22
Memorandum of respondent United States filed.
2021-01-15
Motion to extend the time to file a response is granted and the time is extended to and including February 22, 2021.
2021-01-14
Motion to extend the time to file a response from January 22, 2021 to February 22, 2021, submitted to The Clerk.
2020-12-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2021)

Attorneys

Arthur Lee
Alfredo G. Parrish — Petitioner
Alfredo G. Parrish — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent