No. 20-6693

Tarcisio Valencia-Barragan v. United States

Lower Court: Ninth Circuit
Docketed: 2020-12-22
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: attenuation-doctrine flight fourth-amendment illegal-stop police-authority seizure
Key Terms:
FourthAmendment DueProcess CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2021-06-17 (distributed 2 times)
Question Presented (AI Summary)

Whether a suspect's flight alone, after submitting to police authority, is sufficient to establish attenuation from an illegal stop and seizure to purge the taint of any Fourth Amendment violation

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a suspect’s flight alone, after submitting to police authority, is sufficient to establish attenuation from an illegal stop and seizure to purge the taint of any Fourth Amendment violation, as the Ninth Circuit holds but which has been expressly rejected by the D.C. Circuit and others. 2. Whether under Rehaif v. United States, 139 S. Ct. 2191 (2019), a defendant who pleaded guilty to possessing a firearm and ammunition as a prohibited person—in this case, having been convicted of a misdemeanor crime of domestic violence—in violation of 18 U.S.C. 922(g)(9) and 924(a), is automatically entitled to plain-error relief if the government failed to produce evidence of defendant’s knowledge of his prohibited status and/or the district court did not advise him that one element of that offense is knowledge of his prohibited status. 3. Whether an appellate court on plain-error review of a Rehaifbased claim is restricted to the district court record or is instead free to consider evidence that was not presented to the factfinder or agreed to by the defendant, a question that has divided the circuits. i PARTIES AND PROCEEDINGS All

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.
2021-01-19
Motion to extend the time to file a response is granted and the time is extended to and including February 22, 2021.
2021-01-15
Motion to extend the time to file a response from January 21, 2021 to February 22, 2021, submitted to The Clerk.
2020-12-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 21, 2021)

Attorneys

Tarcisio Valencia-Barragan
Jonathan David LibbyOffice of the Federal Public Defender, Petitioner
Jonathan David LibbyOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent