No. 21-816

Melvyn Gear v. United States

Lower Court: Ninth Circuit
Docketed: 2021-12-01
Status: Denied
Type: Paid
Tags: appellate-procedure burden-of-proof criminal-law due-process firearms greer-v-united-states legal-status plain-error rehaif-v-united-states statutory-interpretation
Key Terms:
Immigration
Latest Conference: 2022-03-04
Question Presented (AI Summary)

Whether other subdivisions of 18 U.S.C. § 922(g) require knowledge of collateral law

Question Presented (OCR Extract)

question presented is whether other subdivisions of 18 U.S.C. § 922(g) require knowledge of collateral law. 2. In Greer v. United States, 141 S.Ct. 2090 (2021), this Court stated that a defendant may satisfy his burden of demonstrating plain error in an omittedelement case by making an argument or representation on appeal regarding the omitted element. Petitioner in this case requested an opportunity to make such a showing, but his request was ignored by the Ninth Circuit panel, which relied solely on trial evidence in analyzing plain error. The second question presented is whether appellate courts must give a defendant an opportunity to make an evidentiary proffer to satisfy his burden of demonstrating plain error. ii STATEMENT OF RELATED CASES e United States v. Meluyn Gear, No. 17-cr-00742SOM, USS. District Court for the District of Hawaii. Judgment entered on September 27, 2019. e United States v. Melvyn Gear, No. 19-10353, U.S. Court of Appeals for the Ninth Circuit. Judgment entered on August 30, 2021.

Docket Entries

2022-03-07
Petition DENIED.
2022-02-16
DISTRIBUTED for Conference of 3/4/2022.
2022-02-11
Reply of petitioner Melvyn Gear filed.
2022-02-02
Brief of respondent United States in opposition filed.
2021-12-29
Motion to extend the time to file a response is granted and the time is extended to and including February 2, 2022.
2021-12-28
Motion to extend the time to file a response from January 3, 2022 to February 2, 2022, submitted to The Clerk.
2021-11-29
Petition for a writ of certiorari filed. (Response due January 3, 2022)

Attorneys

Melvyn Gear
Dennis P. RiordanRiordan & Horgan, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent