No. 19-5623

Deshawn Legrier v. United States

Lower Court: Second Circuit
Docketed: 2019-08-16
Status: GVR
Type: IFP
IFP
Tags: 18-usc-922 18-usc-924 criminal-indictment criminal-procedure due-process federal-jurisdiction firearms firearms-possession indictment knowingly-element rehaif-standard rehaif-v-united-states statutory-interpretation subject-matter-jurisdiction
Latest Conference: 2019-10-18
Question Presented (from Petition)

In light of this Court's decision in Rehaif v. United States, 139 S.Ct. 2191 (2019) -- which held that the elements of an offense under 18 U.S.C. § 922(g) and § 924(a)(2) include a defendant's knowledge that he belonged to the category of persons prohibited from possessing firear ms – whether the district court lacked subject-matter jurisdiction where the indi ctment for violating § 922(g)(1) did not charge Deshawn Legrier with any offense because it did not track the statutory language regarding this "knowingly" elemen t, cite the statute that included this "knowingly" element, or otherwise allege this "knowingly" statutory element.

Question Presented (AI Summary)

Whether the district court lacked subject-matter jurisdiction where the indictment for violating § 922(g)(1) did not charge the defendant with any offense because it did not track the statutory language regarding the 'knowingly' element

Docket Entries

2019-11-22
JUDGMENT ISSUED.
2019-10-21
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).
2019-10-03
DISTRIBUTED for Conference of 10/18/2019.
2019-09-16
Memorandum of respondent United States of America filed.
2019-08-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 16, 2019)

Attorneys

Deshawn Legrier
Gwen Marta SchoenfeldLaw Office of Gwen M. Schoenfeld, LLC, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent