No. 20-6460

Reginald Hollie v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-11-27
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: armed-career-criminal-act commerce-clause conviction criminal-conviction criminal-procedure drug-offense interstate-commerce jury-trial plain-error-review rehaif-v-united-states sentencing-enhancement
Latest Conference: 2021-06-17 (distributed 2 times)
Question Presented (from Petition)

1. Whether, in cases charged and tried to a jury before this Court decided Rehaif v. United States, 139 S. Ct. 2191 (2019), courts of appeals may rely on information that was not proven to the jury at trial to affirm the defendant's conviction on plain-error review.

2. Whether 18 U.S.C. § 922(g)(1) exceeds Congress's Commerce Clause power facially and as applied to the local possession of a firearm, where the only connection to interstate commerce occurred before the defendant possessed the firearm.

3. Whether a federal court may increase a defendant's sentence under the Armed Career Criminal Act (ACCA) by relying on its own finding about non-elemental facts, taken from the charging documents alone, to conclude a defendant's prior offenses were "committed on occasions different from one another."

4. Whether the ACCA's definition of a "serious drug offense" requires knowledge of the substance's illicit nature, an issue left undecided in Shular v. United States, 140 S. Ct. 779, 787 n.3 (2020).

Question Presented (AI Summary)

Whether courts of appeals may rely on information not proven to the jury to affirm a conviction on plain-error review

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2021-02-11
DISTRIBUTED for Conference of 2/26/2021.
2021-01-27
Memorandum of respondent United States filed.
2020-12-22
Motion to extend the time to file a response is granted and the time is extended to and including January 27, 2021.
2020-12-20
Motion to extend the time to file a response from December 28, 2020 to January 27, 2021, submitted to The Clerk.
2020-11-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 28, 2020)

Attorneys

Reginald Hollie
Jenny L DevineOffice of the Federal Defender, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent