No. 24-5343

Victor Darnell Berry v. United States

Lower Court: Fourth Circuit
Docketed: 2024-08-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-right-to-defense conviction-set-aside criminal-procedure felon-in-possession knowledge-element youth-rehabilitation-act
Key Terms:
JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether a conviction set aside precludes a felon in possession of a firearm charge and whether a defendant can testify about their understanding of a statute of conviction

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Where a conviction that is the basis for a felon in possession of a firearm charge has been set aside at the time of sentencing, does the statutory directive that a conviction that has been set aside “shall not be considered a conviction” preclude conviction on the charge? I. Where a conviction of felon in possession of a firearm requires proof that the defendant knew he had been convicted of a crime punishable by a term of imprisonment exceeding one year, does the right to present a defense, including the defendant’s right to testify, include the right to testify to the defendant’s understanding of a statute of conviction that contemplates setting aside the conviction, even if that understanding is mistaken? i

Docket Entries

2024-10-07
Petition DENIED.
2024-09-12
DISTRIBUTED for Conference of 9/30/2024.
2024-09-04
Waiver of right of respondent United States to respond filed.
2024-08-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 18, 2024)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Victor Berry
Paul K. Sun Jr.Ellis & Winters LLP, Petitioner