No. 21-6119

Roger Edward Picard v. United States

Lower Court: First Circuit
Docketed: 2021-10-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-law due-process mens-rea rehaif-v-united-states scienter sorna SORNA-registration supervised-release
Key Terms:
SocialSecurity
Latest Conference: 2021-12-03
Question Presented (AI Summary)

Whether the First Circuit erred in finding a violation of supervised release when the defendant reported to register per SORNA requirements within 24 hours of release, but reported to the wrong county Sheriff's office

Question Presented (from Petition)

QUESTIONS PRESENTED This case came before the First Circuit Court of Appeals which held that the district court did not err in finding a violation of condition of release. United States v. Picard, No. 19-1855 (1* Cir. Apr. 14, 2021). A petition for rehearing and a petition for rehearing en banc was denied by order of court dated May 25, 2021. The questions presented are: 1 Did the First Circuit depart from this Court’s decision in Rehaif v. United States, 588 U.S. (2019), with respect to the presumption in favor of “scienter” and a finding of a “knowing” mens rea? Specifically, whether both the First Circuit and district court erred in finding a violation of supervised release when the defendant reported to register per the requirements of SORNA within 24 hours of release from incarceration, but reported to the wrong county Sheriff’s office in rural Maine. -l

Docket Entries

2021-12-06
Petition DENIED.
2021-11-10
DISTRIBUTED for Conference of 12/3/2021.
2021-11-03
Waiver of right of respondent United States to respond filed.
2021-10-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 29, 2021)

Attorneys

Roger Edward Picard
William Stuart MaddoxLaw Office of William S. Maddox, Petitioner
William Stuart MaddoxLaw Office of William S. Maddox, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent