No. 22-6568

Duraid Hussein v. United States

Lower Court: Ninth Circuit
Docketed: 2023-01-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: apprendi-v-new-jersey circuit-precedent criminal-law criminal-procedure due-process equal-protection procedural-due-process rehaif-v-united-states sixth-amendment stare-decisis statutory-interpretation
Key Terms:
DueProcess FifthAmendment Immigration
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Whether the Ninth Circuit denied procedural due process and equal protection by not dismissing an insufficient indictment under circuit precedent

Question Presented (from Petition)

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

Docket Entries

2023-02-21
Petition DENIED.
2023-01-26
DISTRIBUTED for Conference of 2/17/2023.
2023-01-24
Waiver of right of respondent United States to respond filed.
2023-01-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 21, 2023)

Attorneys

Duraid Hussein
Katia MehuLaw Office of Katia Mehu, Petitioner
Katia MehuLaw Office of Katia Mehu, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent