No. 20-5949

Timmy Scott v. United States

Lower Court: Fifth Circuit
Docketed: 2020-10-08
Status: Denied
Type: IFP
Relisted (4)IFP
Tags: criminal-indictment criminal-law felon-in-possession firearms-possession indictment jury-instructions mens-rea prohibited-status rehaif rehaif-challenge
Latest Conference: 2021-06-17 (distributed 4 times)
Related Cases: 20-5939 (Vide)
Question Presented (from Petition)

1) Whether Rehaif's mens rea requirement is limited to whether or not the defendant knew he was a convicted felon alone, or whether it requires him to know that his prior felony conviction rendered him a prohibited person for subsequent firearms possession?

2) Whether the substantive constitutional rights of the defendant were violated when an indictment fails to provide notice regarding an essential element of the charged offense and the jury is subsequently given incorrect instructions regarding the Government's burden of proof?

Question Presented (AI Summary)

Whether Rehaif's mens rea requirement is limited to whether or not the defendant knew he was a convicted felon alone, or whether it requires him to know that his prior felony conviction rendered him a prohibited person for subsequent firearms possession?

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.
2020-12-04
Rescheduled.
2020-12-03
DISTRIBUTED for Conference of 1/8/2021.
2020-11-30
Rescheduled.
2020-11-25
DISTRIBUTED for Conference of 12/11/2020.
2020-11-06
Memorandum of respondent United States of America filed.
2020-09-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 9, 2020)

Attorneys

Timmy Scott
Ian HipwellManasseh, Gill, Knipe & Belanger, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent