No. 22-5138

Arthur Frank Cardenas v. United States

Lower Court: Ninth Circuit
Docketed: 2022-07-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability criminal-procedure due-process firearm-possession habeas-corpus knowledge-element ninth-circuit rehaif-standard rehaif-v-united-states right-to-counsel sentencing
Key Terms:
HabeasCorpus
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether a certificate of appealability should be granted due to the District Court and Ninth Circuit's error in not granting it

Question Presented (OCR Extract)

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

Docket Entries

2022-10-03
Petition DENIED.
2022-08-04
DISTRIBUTED for Conference of 9/28/2022.
2022-07-27
Waiver of right of respondent United States to respond filed.
2022-06-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 18, 2022)

Attorneys

Arthur Cardenas
Arthur Frank Cardenas — Petitioner
Arthur Frank Cardenas — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent