No. 21-7403

James Calvin Breeden v. United States

Lower Court: Fourth Circuit
Docketed: 2022-03-17
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-law criminal-procedure felon-in-possession firearm-possession jury-instructions mens-rea rehaif-standard rehaif-v-united-states rule-29 rule-29-motion
Key Terms:
JusticiabilityDoctri
Latest Conference: 2022-04-14
Question Presented (AI Summary)

Whether the district court erred under Rehaif v. United States by denying requested jury instructions and a Rule 29 motion for acquittal on the felon-in-possession count where the government never proved that Breeden knew his felon status barred him from possessing a firearm?

Question Presented (from Petition)

QUESTION PRESENTED Whether the district court erred under Rehaif v. United States by denying requested jury instructions and a Rule 29 motion for acquittal on the felon-inpossession count where the government never proved that Breeden knew his felon status barred him from possessing a firearm?

Docket Entries

2022-04-18
Petition DENIED.
2022-03-30
DISTRIBUTED for Conference of 4/14/2022.
2022-03-24
Waiver of right of respondent United States to respond filed.
2022-03-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 18, 2022)

Attorneys

James Calvin Breeden
Jennifer C. LeistenOffice of the Federal Public Defender, Petitioner
Jennifer C. LeistenOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent