Duraid Hussein v. United States
DueProcess FifthAmendment Immigration
Whether the Ninth Circuit denied procedural due process and equal protection by not dismissing an insufficient indictment under circuit precedent
Issues Presented for Review 1. In Rehaif v. United States, 139 8. Ct. 2191 (2019), this Court clarified that the word knowingly under 18 U.S.C. § 922(g) applies to both defendant conduct and status. Did the Ninth Circuit deny Petitioner procedural due process and the equal protection of it laws when it did not apply circuit precedent and dismiss the insufficient indictment as required by United States v. Du Bo, 186 F.3d 1177 (9th Cir. 1999), and United States v. Qazi, 975 F.3d 989 (9th Cir. 2020)? 2. Whether the federal judiciary’s sentence exposure analysis complied with the Sixth Amendment and this Court’s clear directives in Apprendi v. New Jersey, 530 U.S. 466 (2000), and Blakely v. Washington, 542 U.S. 296 (2004). 3. Whether the panel decision is in conflict with Greer v. United States, 141 S. Ct. 2090 (2021), authoritative decisions of other United States Courts of Appeal, and the controlling precedent in the Ninth Circuit, which hold plain error relief is available if a defendant makes a sufficient argument that he did not, in fact, know he was a felon with a qualifying conviction. i