Greer v. United States
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 19-8709 | 11th Cir. | Apr 20, 2021 | Jun 14, 2021 | 9-0 | Kavanaugh | OT 2020 |
Holding: In felon-in-possession cases under 18 U.S.C. " 922(g)(1), an error under Rehaif v. United States is not a basis for plain-error relief unless the defendant first makes a sufficient argument or representation on appeal that he would have presented evidence at trial that he did not in fact know he was a felon.
Judgment: Affirmed, 9-0, in an opinion by Justice Kavanaugh on June 14, 2021. Justice Sotomayor filed a concurring opinion.
SCOTUSblog Coverage
- Court makes it easier for appellate courts to affirm federal felon-in-possession convictions after Rehaif (Evan Lee, June 15, 2021)
- Court limits new trials for people with felon-in-possession convictions (Evan Lee, June 14, 2021)
- Justices wrestle with procedural issues stemming from their own federal criminal-law decision (Evan Lee, April 22, 2021)
- Pondering the aftermath of a landmark ruling in felon-in-possession cases (Evan Lee, April 19, 2021)
- Justices grant review in 14 new cases but dont act on hot-button issues (Amy Howe, January 9, 2021)
| Date | Proceedings and Orders |
|---|---|
| 06/08/2020 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2020) |
| 06/17/2020 | Waiver of right of respondent United States of America to respond filed. |
| 06/25/2020 | DISTRIBUTED for Conference of 9/29/2020. |
| 08/10/2020 | Response Requested. (Due September 9, 2020) |
| 08/28/2020 | Motion to extend the time to file a response from September 9, 2020 to October 9, 2020, submitted to The Clerk. |
| 08/31/2020 | Motion to extend the time to file a response is granted and the time is extended to and including October 9, 2020. |
| 10/09/2020 | Brief of respondent United States of America filed. |
| 12/03/2020 | DISTRIBUTED for Conference of 1/8/2021. |
| 12/04/2020 | Rescheduled. |
| 12/23/2020 | DISTRIBUTED for Conference of 1/8/2021. |
| 01/06/2021 | Reply of petitioner Gregory Greer filed. (Distributed) |
| 01/08/2021 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
| 02/22/2021 | Joint appendix filed. (Statement of costs filed) |
| 02/22/2021 | Brief of petitioner Gregory Greer filed. |
| 02/22/2021 | Motion file Volume II of the joint appendix under seal filed by petitioner Gregory Greer. |
| 03/01/2021 | Blanket Consent filed by Petitioner, Gregory Greer |
| 03/01/2021 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| 03/12/2021 | SET FOR ARGUMENT on Tuesday, April 20, 2021. |
| 03/15/2021 | Record requested. |
| 03/15/2021 | The record from the U.S.C.A. 11th Circuit is electronic and located on Pacer. |
| 03/19/2021 | Record from the U.S.D.C. Middle District of Florida Jacksonville Division has been electronically received and filed. |
| 03/24/2021 | Brief of respondent United States of America filed. |
| 03/29/2021 | Motion of petitioner for leave to file Volume II of the joint appendix under seal GRANTED. |
| 03/30/2021 | CIRCULATED |
| 04/09/2021 | Reply of petitioner Gregory Greer filed. (Distributed) |
| 04/20/2021 | Argued. For petitioner: M. Allison Guagliardo, Assistant Federal Defender, Tampa, Fla. For respondent: Benjamin W. Snyder, Assistant to the Solicitor General, Department of Justice, Washington, D. C.. |
| 06/14/2021 | Adjudged to be AFFIRMED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Alito, Kagan, Gorsuch and Barrett, JJ., joined. Justice Sotomayor, concurring as to No. 19-8709, and concurring in part, dissenting in part, and dissenting from the judgment as to No. 20-444. (Opinion also for No. 20-444). VIDED. |
| 07/16/2021 | JUDGMENT ISSUED. |