No. 20-5558

Anthony Smith v. United States

Lower Court: Second Circuit
Docketed: 2020-09-02
Status: Denied
Type: IFP
Relisted (3)IFP
Tags: criminal-law criminal-statute due-process firearm-possession firearms jury-instruction jury-instructions knowledge-element mens-rea plain-error prohibited-possession
Key Terms:
CriminalProcedure Privacy
Latest Conference: 2021-06-17 (distributed 3 times)
Question Presented (from Petition)

1. Whether the district court committed plain error in failing to instruct the jury that the evidence must establish both that appellant Anthony Smith knew he possessed a firearm and ammunition and that he knew he belonged to the relevant category of persons barred from possessing a firearm and ammunition.

2. Whether the convictions must be reversed and the indictment dismissed because the indictment failed to charge a critical element of an offense under Section 922(g)(1), i.e., that Smith subjectively knew he was prohibited from possessing a firearm.

3. Whether the combination of the above errors affected petitioner's substantial rights and the error seriously affected the fairness, integrity or public reputation of judicial proceedings.

Question Presented (AI Summary)

Whether the district court committed plain error in failing to instruct the jury that the evidence must establish both that appellant Anthony Smith knew he possessed a firearm and ammunition and that he knew he belonged to the relevant category of persons barred from possessing a firearm and ammunition

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.
2020-12-07
Rescheduled.
2020-11-25
DISTRIBUTED for Conference of 12/11/2020.
2020-11-06
Memorandum of respondent United States of America filed.
2020-10-28
Motion to extend the time to file a response is granted and the time is further extended to and including November 6, 2020.
2020-10-26
Motion to extend the time to file a response from November 2, 2020 to November 6, 2020, submitted to The Clerk.
2020-09-24
Motion to extend the time to file a response is granted and the time is extended to and including November 2, 2020.
2020-09-23
Motion to extend the time to file a response from October 2, 2020 to November 2, 2020, submitted to The Clerk.
2020-08-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 2, 2020)

Attorneys

Anthony Smith
Andrew LevchukAndrew Levchuk, Counsellor at Law, LLC, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent