No. 18-8842

Michael Demon Nixon v. United States

Lower Court: Fifth Circuit
Docketed: 2019-04-16
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: commerce-clause criminal-procedure due-process federal-firearms-law-922g firearm-possession interstate-commerce mens-rea plain-error-review plea-agreement statutory-interpretation sufficiency-of-evidence sullivan-v-louisiana
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-05-16
Question Presented (from Petition)

I. Whether 18 U.S.C. §922(g) authorizes conviction upon proof that a firearm once crossed state lines at an unspecified prior occasion, when there is no evidence that the defendants' conduct caused such movement, nor that it moved in the recent past?

II. Whether the sufficiency of a factual basis for a defendant's plea should be subject to plain error review, or whether, under Sullivan v. Louisiana, 508 U.S. 275 (1993), such a case lacks "an object" upon which review for harmless and plain error may operate?

Question Presented (AI Summary)

Whether 18 U.S.C. §922(g) authorizes conviction upon proof that a firearm once crossed state lines at an unspecified prior occasion, when there is no evidence that the defendants' conduct caused such movement, nor that it moved in the recent past?

Docket Entries

2019-05-20
Petition DENIED.
2019-05-01
DISTRIBUTED for Conference of 5/16/2019.
2019-04-24
Waiver of right of respondent United States to respond filed.
2019-04-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 16, 2019)

Attorneys

Michael Demon Nixon
Kevin Joel PageOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent