20-444 United States v. Gary (2021-April-20)
QUESTION PRESENTED:
Whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. 922(g)(1) and 924(a), is automatically entitled to plain-error relief if the district court did not advise him that one element of that offense is knowledge of his status as a felon, regardless of whether he can show that the district court’s error affected the outcome of the proceedings.
QUESTION PRESENTED:
Whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. 922(g)(1) and 924(a), is automatically entitled to plain-error relief if the district court did not advise him that one element of that offense is knowledge of his status as a felon, regardless of whether he can show that the district court’s error affected the outcome of the proceedings.
DateProceedings and Orders (key to color coding)
Oct 05 2020 | Petition for a writ of certiorari filed. (Response due November 6, 2020)
Oct 13 2020 | Motion to extend the time to file a response from November 6, 2020 to December 8, 2020, submitted to The Clerk.
Oct 14 2020 | Motion to extend the time to file a response is granted and the time is extended to and including December 8, 2020.
Dec 08 2020 | Brief of respondent Michael Andrew Gary in opposition filed.
Dec 08 2020 | Motion for leave to proceed in forma pauperis filed by respondent Michael Andrew Gary.
Dec 23 2020 | DISTRIBUTED for Conference of 1/8/2021.
Dec 23 2020 | Reply of petitioner United States filed. (Distributed)
Jan 08 2021 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jan 08 2021 | Petition GRANTED.
Jan 12 2021 | Motion to appoint counsel filed by respondent Michael Andrew Gary.
Jan 20 2021 | Motion DISTRIBUTED for Conference of 2/19/2021.
Feb 16 2021 | Brief of petitioner United States filed.
Feb 16 2021 | Joint appendix filed.
Feb 16 2021 | Motion to file Volume II of the joint appendix under seal filed by petitioner United States.
Feb 22 2021 | Motion to appoint counsel filed by respondent GRANTED, and Jeffrey L. Fisher, Esq., of Stanford, California, is appointed to serve as counsel for respondent in this case.
Feb 22 2021 | Blanket Consent filed by Respondent, Michael Andrew Gary
Mar 12 2021 | SET FOR ARGUMENT on Tuesday, April 20, 2021.
Mar 15 2021 | Record requested.
Mar 17 2021 | Record received from the U.S.D.C. District of South Carolina has been electronically received and filed.
Mar 18 2021 | Brief of respondent Michael Andrew Gary filed.
Mar 25 2021 | The record from the U.S.C.A. 4th Circuit is electronic and located on Pacer, with the exception of a sealed joint appendix, that was received and filed electronically.
Mar 25 2021 | Brief amicus curiae of Stuart Banner filed.
Mar 25 2021 | Brief amicus curiae of National Association of Federal Defenders filed.
Mar 25 2021 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Mar 25 2021 | Brief amici curiae of Former United States District Court Judges filed.
Mar 25 2021 | Brief amicus curiae of Cato Institute filed.
Mar 29 2021 | Motion of petitioner for leave to file Volume II of the joint appendix under seal GRANTED.
Mar 30 2021 | CIRCULATED
Apr 09 2021 | Reply of petitioner United States filed. (Distributed)
Apr 20 2021 | Argued. For petitioner: Jonathan Y. Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Jeffrey L. Fisher, Stanford, Cal. (Appointed by this Court)
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Whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. 922(g)(1) and 924(a), is automatically entitled to plain-error relief if the district court did not advise him that one element of that offense is knowledge of his status as a felon, regardless of whether he can show that the district court’s error affected the outcome of the proceedings.
DateProceedings and Orders (key to color coding)
Oct 05 2020 | Petition for a writ of certiorari filed. (Response due November 6, 2020)
Oct 13 2020 | Motion to extend the time to file a response from November 6, 2020 to December 8, 2020, submitted to The Clerk.
Oct 14 2020 | Motion to extend the time to file a response is granted and the time is extended to and including December 8, 2020.
Dec 08 2020 | Brief of respondent Michael Andrew Gary in opposition filed.
Dec 08 2020 | Motion for leave to proceed in forma pauperis filed by respondent Michael Andrew Gary.
Dec 23 2020 | DISTRIBUTED for Conference of 1/8/2021.
Dec 23 2020 | Reply of petitioner United States filed. (Distributed)
Jan 08 2021 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jan 08 2021 | Petition GRANTED.
Jan 12 2021 | Motion to appoint counsel filed by respondent Michael Andrew Gary.
Jan 20 2021 | Motion DISTRIBUTED for Conference of 2/19/2021.
Feb 16 2021 | Brief of petitioner United States filed.
Feb 16 2021 | Joint appendix filed.
Feb 16 2021 | Motion to file Volume II of the joint appendix under seal filed by petitioner United States.
Feb 22 2021 | Motion to appoint counsel filed by respondent GRANTED, and Jeffrey L. Fisher, Esq., of Stanford, California, is appointed to serve as counsel for respondent in this case.
Feb 22 2021 | Blanket Consent filed by Respondent, Michael Andrew Gary
Mar 12 2021 | SET FOR ARGUMENT on Tuesday, April 20, 2021.
Mar 15 2021 | Record requested.
Mar 17 2021 | Record received from the U.S.D.C. District of South Carolina has been electronically received and filed.
Mar 18 2021 | Brief of respondent Michael Andrew Gary filed.
Mar 25 2021 | The record from the U.S.C.A. 4th Circuit is electronic and located on Pacer, with the exception of a sealed joint appendix, that was received and filed electronically.
Mar 25 2021 | Brief amicus curiae of Stuart Banner filed.
Mar 25 2021 | Brief amicus curiae of National Association of Federal Defenders filed.
Mar 25 2021 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Mar 25 2021 | Brief amici curiae of Former United States District Court Judges filed.
Mar 25 2021 | Brief amicus curiae of Cato Institute filed.
Mar 29 2021 | Motion of petitioner for leave to file Volume II of the joint appendix under seal GRANTED.
Mar 30 2021 | CIRCULATED
Apr 09 2021 | Reply of petitioner United States filed. (Distributed)
Apr 20 2021 | Argued. For petitioner: Jonathan Y. Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Jeffrey L. Fisher, Stanford, Cal. (Appointed by this Court)
