No. 19-5330
Maurice Montrae Parks v. United States
IFP
Tags: burden-of-proof constitutional-validity criminal-conviction criminal-procedure criminal-statute due-process firearm-possession firearms jury-instruction jury-instructions mens-rea rehaif-v-united-states second-amendment statutory-interpretation
Latest Conference:
2019-10-01
Question Presented (from Petition)
Whether a new trial is warranted where the District Court failed to
instruct the jury that, in order to convict a person under 18 U.S.C.
§ 922(g), it must find that the Government proved beyond a reasonable
doubt that he knew he possessed a firearm and "knew he had the relevant
status when he possessed it." Rehaif v. United States, 139 S. Ct. 2191
(June 21, 2019).
Question Presented (AI Summary)
Whether a new trial is warranted where the District Court failed to instruct the jury on a crucial element of 18 U.S.C. § 922(g)
Docket Entries
2019-11-08
JUDGMENT ISSUED.
2019-10-07
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Rehaif v. United States, 588 U. S. ___ (2019).
2019-09-12
DISTRIBUTED for Conference of 10/1/2019.
2019-08-26
Brief of memorandum of the United States in opposition filed.
2019-07-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 26, 2019)
Attorneys
Maurice Montrae Parks
Jaclyn Lee DiLauro — Assistant Federal Public Defender, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent