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United States v. Gary

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Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
20-444 4th Cir. Apr 20, 2021 Jun 14, 2021 8-1 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: Reversed, 8-1, in an opinion by Justice Kavanaugh on June 14, 2021. Justice Sotomayor filed an opinion concurring in part and dissenting in part.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 05 2020Petition for a writ of certiorari filed. (Response due November 6, 2020)
Oct 13 2020Motion to extend the time to file a response from November 6, 2020 to December 8, 2020, submitted to The Clerk.
Oct 14 2020Motion to extend the time to file a response is granted and the time is extended to and including December 8, 2020.
Dec 08 2020Brief of respondent Michael Andrew Gary in opposition filed.
Dec 08 2020Motion for leave to proceed in forma pauperis filed by respondent Michael Andrew Gary.
Dec 23 2020DISTRIBUTED for Conference of 1/8/2021.
Dec 23 2020Reply of petitioner United States filed. (Distributed)
Jan 08 2021Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jan 08 2021Petition GRANTED.
Jan 12 2021Motion to appoint counsel filed by respondent Michael Andrew Gary.
Jan 20 2021Motion DISTRIBUTED for Conference of 2/19/2021.
Feb 16 2021Brief of petitioner United States filed.
Feb 16 2021Joint appendix filed. (Statement of costs filed 5/12/21).
Feb 16 2021Motion to file Volume II of the joint appendix under seal filed by petitioner United States.
Feb 22 2021Motion 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 2021Blanket Consent filed by Respondent, Michael Andrew Gary
Mar 12 2021SET FOR ARGUMENT on Tuesday, April 20, 2021.
Mar 15 2021Record requested.
Mar 17 2021Record received from the U.S.D.C. District of South Carolina has been electronically received and filed.
Mar 18 2021Brief of respondent Michael Andrew Gary filed.
Mar 25 2021The 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 2021Brief amicus curiae of Stuart Banner filed.
Mar 25 2021Brief amicus curiae of National Association of Federal Defenders filed.
Mar 25 2021Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Mar 25 2021Brief amici curiae of Former United States District Court Judges filed.
Mar 25 2021Brief amicus curiae of Cato Institute filed.
Mar 29 2021Motion of petitioner for leave to file Volume II of the joint appendix under seal GRANTED.
Mar 30 2021CIRCULATED
Apr 09 2021Reply of petitioner United States filed. (Distributed)
Apr 20 2021Argued. 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)
Jun 14 2021Judgment REVERSED. 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 together with No. 19-8709). VIDED.
Jul 16 2021JUDGMENT ISSUED.