No. 20-7414

James Innocent v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-03-10
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: circuit-court criminal-procedure greer-v-united-states judicial-review plain-error rehaif-v-united-states substantial-rights supreme-court-decision trial-record
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-06-17
Related Cases: 20-7447 (Vide)
Question Presented (AI Summary)

Whether when applying plain-error review based upon an intervening United States Supreme Court decision, a circuit court of appeals may review matters outside the trial record to determine whether the error affected a defendant's substantial rights or impacted the fairness, integrity or public reputation of the trial?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW This Court held in Rehaif v. United States , 139 S. Ct. 2191 (2019), that in a prosecution under 18 U.S.C. §§ 922(g), 924(a)(2), the government must prove not only that the defendant knew he possessed a firearm, but also that he knew he belonged to the relevant category of persons banned from possessing a firearm. Recently this Court, in Greer v. United States, 19-8709 (Jan. 8, 2021), issued a writ of certiorari to the Eleventh Circuit to determine whether the Eleventh Circuit properly relied on matters outside the trial record to determine whether a finding of plain error under Rehaif required a reversal of the conviction. Mr. Innocent raises the exact same question as the petitioner in Greer. The question presented is: Whether when applying plan-error review based upon an intervening United States Supreme Court decision, a circuit court of appeals may review matters outside the trial record to determine whether the error affected a defendant’s substantial rights or impacted the fairness, integrity or pubic reputation of the trial? i INTERESTED PARTIES There are no

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
Supplemental brief of petitioner James Innocent filed. (Distributed)
2021-06-02
DISTRIBUTED for Conference of 6/17/2021.
2021-05-10
Memorandum for the United States filed.
2021-03-30
Motion to extend the time to file a response is granted and the time is extended to and including May 10, 2021.
2021-03-29
Motion to extend the time to file a response from April 9, 2021 to May 10, 2021, submitted to The Clerk.
2021-03-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 9, 2021)

Attorneys

James Innocent
Bernardo LopezFederal Public Defender, Petitioner
Bernardo LopezFederal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent