No. 20-572

James R. Young v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-10-30
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-review criminal-law criminal-penalties felon-in-possession felony-possession firearm-statute firearms habeas-corpus interstate-commerce retroactivity
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-12-04
Question Presented (from Petition)

(1) - Whether 18 U.S.C. § 922(g)(3) provides for Criminal penalties to felons who possess firearms in interstate Commerce, absent proof that they knew of their felonious status, or of the firearm's movement in interstate Commerce.

(2) - Whether denial of collateral habeas Corpus relief review is inconsistent with the doctrinal underpinning like those held in Bailey pursuant to Stenberg Compared to Scalia's dissent in Eleventh Circuit.

(3) - Whether the Supreme Court's opinion in Behaif determined that a new rule of statutory law was retroactively applicable under Teague v. Lane's Conclusion establishing the retroactivity of new substantive rules.

(4) - Whether Behaif is retroactive to cases already closed in the lower Courts from further habeas review prior to its decision (retroactive) for Collateral Constitutional or

(5) - Whether Behaif's "stakes" (or priors) element created a retroactive Judgment times right to a jury trial for closed cases; or should Almendarez-Torres v. United States 533 U.S. being rehurd, resolve the inconsistent questioning about the U.S. Creates priors before a trial jury concerning the instant Conviction and not a defendant's seeing.

Question Presented (AI Summary)

Whether 18 U.S.C. § 924(c) requires proof of a defendant's knowledge of their felon status or the firearm's interstate commerce connection

Docket Entries

2020-12-07
Petition DENIED.
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-11-04
Waiver of right of respondent United States to respond filed.
2020-10-19
Petition for a writ of certiorari filed. (Response due November 30, 2020)

Attorneys

James R. Young
James R. Young — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent