No. 20-7870

Scott Raymond Tignor v. United States

Lower Court: Tenth Circuit
Docketed: 2021-04-28
Status: Denied
Type: IFP
IFP
Tags: appellate-review criminal-procedure due-process elements-of-offense guilty-plea plea-voluntariness rehaif-v-united-states standard-of-review united-states-v-gary
Key Terms:
DueProcess
Latest Conference: 2021-09-27
Question Presented (AI Summary)

When a defendant argues for the first time on appeal that his guilty plea was not knowing and voluntary because he was not informed of the elements of the offense, and it is undisputed that he did not in fact know the elements of the offense at the time of his plea, must he additionally make a case-specific demonstration of prejudice in order to prevail?

Question Presented (from Petition)

QUESTION PRESENTED Petitioner Scott Raymond Tignor pleaded guilty to one count of knowingly possessing a firearm after having been convicted of a crime punishable by imprisonment for a term exceeding one year, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). At the time of his plea, he did not understand that knowledge of his status at the time of the offense was an element of the crime. See Rehaif v. United States, 139 S. Ct. 2191 (2019). On appeal, he argued for the first time that his plea should be vacated because it was not knowing and voluntary, in violation of the due process clause. The following question is presented, which is also presented in United States v. Gary, No. 20-444: When a defendant argues for the first time on appeal that his guilty plea was not knowing and voluntary because he was not informed of the elements of the offense, and it is undisputed that he did not in fact know the elements of the offense at the time of his plea, must he additionally make a casespecific demonstration of prejudice in order to prevail? i

Docket Entries

2021-10-04
Petition DENIED.
2021-07-15
DISTRIBUTED for Conference of 9/27/2021.
2021-06-25
Memorandum of respondent United States of America filed.
2021-05-07
Motion to extend the time to file a response is granted and the time is extended to and including June 28, 2021.
2021-05-06
Motion to extend the time to file a response from May 28, 2021 to June 28, 2021, submitted to The Clerk.
2021-04-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 28, 2021)

Attorneys

Scott Tignor
Kathleen ShenOffice of the Federal Public Defender, Districts of Colorado and Wyoming, Petitioner
Kathleen ShenOffice of the Federal Public Defender, Districts of Colorado and Wyoming, Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent