No. 20-5400

Gary Allen Kachina v. United States

Lower Court: Eighth Circuit
Docketed: 2020-08-18
Status: Denied
Type: IFP
Relisted (3)IFP
Tags: civil-rights exclusionary-rule fourth-amendment probable-cause qualified-immunity search-and-seizure
Latest Conference: 2021-06-17 (distributed 3 times)
Question Presented (from Petition)

Does (8 U.s.c.S9a4ca) provide For criMinal penalties TO Fesons Who possess FireArMs Absent proof that They Knew of their Felon STatUs

under plaln Error Review does A Appellate courT Have The AuthoriTy/ To Revise The BaJis OF A deffendants Conviction And AffirM The conviction ona Uncharged,untried Mensrea Theurf For a Statutory criMe different Fom what was charged In the IndicTMent And SubMitred To The Jury at Trlal o Meet the ReQuireMents oF Conviction under RehaiF v.unitedState5, 13 5.2t.2191(2019) ?

under Plain Error Review can A Appellate CourT AffirM a Conviction Based on The presentence ReporT Whichlas sbject ed To which The Jury Never Seen or Heard when No Other EleMent Reauired To ConvicT under RehaiF V.united States 1395.CT.0191 (Q019)?

under plaln Errort Review can a Appellate court AfFirM a ReharF V.lnitedState, 139 5.CT.Q171 (Q018) Based OFF a Prior conuiction with No Mens rea Evldence Before The Jury on a Charge NoT Made or Trled in The DISTTICT COURT

Does a courT Lack Jurisdiction wnen The conducT and Facts Alleged in The IndicrMenT Are Outside The SweepoF NThe Charging Statutes And Fail To Track 180u.5:c.92a(g)(1)and 904(a)(a) The Language dF aU

Is iT A piain Error or Structural Error to Bypass both Constitutional"saFegaurds" oF public ciTizens The Grand Jury And petiT Jury And AffirM a ConvicTion Bared on a uncharged untried Mens rea element under RehaiF vunitedStaTes 139 5.CT.a91 (Qo19) When Thi5 EleMent Wa Never BeFore These Two Juries or The court ThaT Tried petiTioner

Question Presented (AI Summary)

Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-11-17
Supplemental brief of petitioner Gary Kachina filed.
2020-11-16
Rescheduled.
2020-11-05
DISTRIBUTED for Conference of 11/20/2020.
2020-10-28
Reply of petitioner Gary Kachina filed. (Distributed)
2020-10-16
Memorandum of respondent United States filed.
2020-09-14
Motion to extend the time to file a response is granted and the time is extended to and including October 19, 2020.
2020-09-11
Motion to extend the time to file a response from September 17, 2020 to October 19, 2020, submitted to The Clerk.
2020-06-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2020)

Attorneys

Gary Kachina
Gary Allen Kachina — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent