Arthur Frank Cardenas v. United States
HabeasCorpus
Whether a certificate of appealability should be granted due to the District Court and Ninth Circuit's error in not granting it
QUESTIONS PRESENTED FOR REVIEW In light of this Court’s decision in Rehaif v. United States, 139 S.Ct. 2191 (2019) must show that the defendant knew he possessed the firearm and also that he knew he had the relevant status when he possessed it. Although it appears that Cardenas’ prior convictions can easily support a conviction on such a violation, however, the missing “knowledge element” not charged in the indictment, may render the indictment invalid. With that foundation, Cardenas provides the following questions for review: 1. Should a certificate of appealability should be granted since the District Court and the Ninth Circuit erred in not granting a certificate of appealability. 2. Should a writ of certiorari should be granted since Cardenas rights to be brought before a judicial officer for arraingment was not satisfied. ii