United States v. Gary
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
- 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)
- Petitions of the week: The public-charge rule, Boston Marathon bombing and more (Andrew Hamm, October 30, 2020)
| Date | Proceedings and Orders |
|---|---|
| 10/05/2020 | Petition for a writ of certiorari filed. (Response due November 6, 2020) |
| 10/13/2020 | Motion to extend the time to file a response from November 6, 2020 to December 8, 2020, submitted to The Clerk. |
| 10/14/2020 | Motion to extend the time to file a response is granted and the time is extended to and including December 8, 2020. |
| 12/08/2020 | Brief of respondent Michael Andrew Gary in opposition filed. |
| 12/08/2020 | Motion for leave to proceed in forma pauperis filed by respondent Michael Andrew Gary. |
| 12/23/2020 | DISTRIBUTED for Conference of 1/8/2021. |
| 12/23/2020 | Reply of petitioner United States filed. (Distributed) |
| 01/08/2021 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED. |
| 01/08/2021 | Petition GRANTED. |
| 01/12/2021 | Motion to appoint counsel filed by respondent Michael Andrew Gary. |
| 01/20/2021 | Motion DISTRIBUTED for Conference of 2/19/2021. |
| 02/16/2021 | Brief of petitioner United States filed. |
| 02/16/2021 | Joint appendix filed. (Statement of costs filed 5/12/21). |
| 02/16/2021 | Motion to file Volume II of the joint appendix under seal filed by petitioner United States. |
| 02/22/2021 | 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. |
| 02/22/2021 | Blanket Consent filed by Respondent, Michael Andrew Gary |
| 03/12/2021 | SET FOR ARGUMENT on Tuesday, April 20, 2021. |
| 03/15/2021 | Record requested. |
| 03/17/2021 | Record received from the U.S.D.C. District of South Carolina has been electronically received and filed. |
| 03/18/2021 | Brief of respondent Michael Andrew Gary filed. |
| 03/25/2021 | 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. |
| 03/25/2021 | Brief amicus curiae of Stuart Banner filed. |
| 03/25/2021 | Brief amicus curiae of National Association of Federal Defenders filed. |
| 03/25/2021 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| 03/25/2021 | Brief amici curiae of Former United States District Court Judges filed. |
| 03/25/2021 | Brief amicus curiae of Cato Institute 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 United States filed. (Distributed) |
| 04/20/2021 | 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) |
| 06/14/2021 | Judgment 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. |
| 07/16/2021 | JUDGMENT ISSUED. |