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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 21, 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 don’t act on hot-button issues (Amy Howe, January 8, 2021)
- Petitions of the week: The public-charge rule, Boston Marathon bombing and more (Andrew Hamm, October 30, 2020)
| Date | Proceedings and Orders |
|---|---|
| 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. (Statement of costs filed 5/12/21). |
| 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) |
| Jun 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. |
| Jul 16 2021 | JUDGMENT ISSUED. |
