No. 21-5062

Ricardo Burgos v. United States

Lower Court: Seventh Circuit
Docketed: 2021-07-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights-restoration criminal-procedure due-process evidentiary-hearing felon-in-possession plain-error rehaif-standard rehaif-v-united-states
Key Terms:
HabeasCorpus
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether the district court erred in refusing to grant an evidentiary hearing under 28 U.S.C. § 2255 where the defendant asserted he did not know he was a felon for purposes of 18 U.S.C. § 922(g)

Question Presented (OCR Extract)

QUESTION(S) PRESENTED — In Light of this Court's holding. in United States _v. Gary, (20-444) (S.Ct. ‘June 14, 2021) regarding plain error under Rehaif v. United States, 139 S.Ct. 2191 (2019) did the . . United States District Court err in refusing to Grant an : . evidentiary hearing under 28 U.S.C. § 2255, where, on appeal, . Mr. Burgos asserted that he did not know he was a felon for the purposes of 18 U.S.C... § 922(g)--as he had successfully / completed state probation, had never served a prison sentence, a i and believed his civil rights to have been restored?

Docket Entries

2021-10-04
Petition DENIED.
2021-07-22
DISTRIBUTED for Conference of 9/27/2021.
2021-07-14
Waiver of right of respondent United States to respond filed.
2021-06-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 9, 2021)

Attorneys

Ricardo Burgos
Ricardo Burgos — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent