No. 21-8103

Ernest Armando Andujo v. United States

Lower Court: Ninth Circuit
Docketed: 2022-06-09
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: circuit-split criminal-law federal-law firearm-silencer first-sixth-seventh-circuits intent-requirement intent-to-use ninth-circuit objective-characteristics statutory-interpretation
Key Terms:
AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2022-11-18 (distributed 2 times)
Question Presented (AI Summary)

Whether the federal definition of a firearm silencer requires a showing of subjective purpose or intent to use a device as a silencer

Question Presented (OCR Extract)

Question Presented Federal law defines a firearm silencer as “any device for silencing, muffling, or diminishing the report of a portable firearm.” Does the word “for” in the federal definition require a showing of subjective purpose or intent to use a device as a silencer, as the First, Sixth, and Seventh Circuits have held, or can a firearms expert permissibly testify that a device is a silencer based on its objective characteristics and that its intended use is irrelevant to culpability, as the Ninth Circuit ruled in this case? i Statement of

Docket Entries

2022-11-21
Petition DENIED.
2022-11-03
DISTRIBUTED for Conference of 11/18/2022.
2022-10-28
Reply of petitioner Ernest Armando Andujo filed.
2022-10-13
Brief of respondent United States in opposition filed.
2022-08-17
Motion to extend the time to file a response is granted and the time is further extended to and including October 14, 2022.
2022-08-16
Motion to extend the time to file a response from September 14, 2022 to October 14, 2022, submitted to The Clerk.
2022-08-11
Motion to extend the time to file a response is granted and the time is extended to and including September 14, 2022.
2022-08-10
Motion to extend the time to file a response from August 15, 2022 to September 14, 2022, submitted to The Clerk.
2022-07-14
Response Requested. (Due August 15, 2022)
2022-06-16
DISTRIBUTED for Conference of 9/28/2022.
2022-06-13
Waiver of right of respondent United States to respond filed.
2022-06-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 11, 2022)

Attorneys

Ernest Armando Andujo
Brianna Fuller MircheffOffice of the Federal Public Defender, Petitioner
Brianna Fuller MircheffOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent