No. 21-6769

Luke Joseph Burning Breast v. United States

Lower Court: Eighth Circuit
Docketed: 2022-01-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-921(a)(20) 18-usc-922(g) civil-rights-restoration criminal-prosecution felon-in-possession firearm firearm-components interstate-commerce rehaif-v-united-states statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Can the government establish the interstate commerce element in a § 922(g) prosecution by showing that a single interchangeable part of a firearm traveled across state lines or does the government have to show that an entire firearm traveled across state lines?

Question Presented (OCR Extract)

question presented is: Can the government establish the interstate commerce element in a § 922(g) prosecution by showing that a single interchangeable part of a firearm traveled across state lines or does the government have to show that an entire firearm traveled across state lines? I. After Rehaif v. United States, 139 S. Ct. 2191 (2019), ina prosecution for being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1), the government must prove that the defendant knew he had been “convicted in any court of, a crime punishable by imprisonment for a term exceeding one year.” The definition of “crime punishable by imprisonment for a term exceeding one year” contains a restoration exception. The question presented is: Where the defendant genuinely, but mistakenly, believed that his civil rights had been restored within the meaning of 18 U.S.C. § 921(a)(20), can the government meet its burden of proof by showing that his rights had not, in fact, been restored, or must it prove that he knew they had not been restored? i

Docket Entries

2022-02-22
Petition DENIED.
2022-01-20
DISTRIBUTED for Conference of 2/18/2022.
2022-01-12
Waiver of right of respondent United States to respond filed.
2021-12-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 7, 2022)

Attorneys

Luke Joseph Burning Breast
Jason TupmanFederal Public Defender's Office, Petitioner
Jason TupmanFederal Public Defender's Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent