No. 19-6834

Lee Hope v. United States

Lower Court: Sixth Circuit
Docketed: 2019-12-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-922g3 constitutional-vagueness controlled-substance criminal-procedure criminal-procedure-due-process-rehaif-v-united-sta due-process federal-statute judgment-of-acquittal rehaif-v-united-states unlawful-user vagueness
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2020-01-10
Question Presented (from Petition)

1.) Whether the Circuit Court of Appeals erred in holding that defendant's
motion for judgment of acquittal was properly denied by the District Court
when the government failed to prove, and the court did not instruct the jury
that the Government must have found that there was not sufficient evidence
showing that Petitioner Lee Hope knew of his prohibited status as an
unlawful user of a controlled substance under 18 U.S.C. § 922(g)(3), as that
term is defined under federal law as this Court has ruled in Rehaif v. United
States, 568 U.S. (2019); and

2.) Whether, in light of this Court's decision in Rehaif v. United States, 18
U.S.C. § 922(g)(3) is unconstitutionally vague, as a person's knowledge of
their prohibited status under said section is entirely subjective.

Question Presented (AI Summary)

Whether the Circuit Court of Appeals erred in holding that defendant's motion for judgment of acquittal was properly denied by the District Court

Docket Entries

2020-01-13
Petition DENIED.
2019-12-19
DISTRIBUTED for Conference of 1/10/2020.
2019-12-12
Waiver of right of respondent United States of America to respond filed.
2019-11-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 3, 2020)

Attorneys

Lee Hope
Alexander C WhartonThe Wharton Law Firm, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent