No. 20-7314

Willard Lee Moss, Jr. v. United States

Lower Court: Fourth Circuit
Docketed: 2021-03-03
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: criminal-conviction criminal-law domestic-violence due-process firearm-possession firearms fourth-circuit legal-error mens-rea rehaif rehaif-error
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2021-06-17 (distributed 2 times)
Question Presented (AI Summary)

Whether the Fourth Circuit erred in affirming Moss's conviction for possession of a firearm by a domestic-violence-offender, where the evidence indicated Moss did not know the effect of his prior convictions on his right to possess firearms

Question Presented (from Petition)

question presented is whether the Fourth Circuit erred when it affirmed Moss’s conviction for possession of a firearm by a domestic violence offender, where the evidence indicated Moss did not know the effect his prior convictions had on his right to possess firearms? Addressing this question is somewhat complicated because, candidly, Moss submits that the applicable law is not settled. Recently, the government filed and this Court granted a petition for a writ of certiorari in United States v. Gary, case No. 20-444. The question presented in Gary is whether the court of appeals correctly held that the Rehaif error entitles Gary to relief, irrespective of whether Gary could show a reasonable probability that, but for the error, he would have gone to trial. This Court should affirm Gary, grant the writ here, and then reverse Moss’s conviction and sentence because Moss is equally entitled to relief. 2

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2021-04-15
DISTRIBUTED for Conference of 4/30/2021.
2021-03-31
Memorandum of respondent United States filed.
2021-02-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 2, 2021)

Attorneys

United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent
Willard Lee Moss, Jr.
Kristen Marie LeddyFederal Public Defender's Office, Petitioner
Kristen Marie LeddyFederal Public Defender's Office, Petitioner