No. 20-6486

Rakeem Asaad Davis v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-12-01
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: criminal-history firearm-possession jury-instructions rehaif-error rehaif-v-united-states second-amendment sentencing-procedure statutory-interpretation substantial-rights
Latest Conference: 2021-06-17 (distributed 2 times)
Question Presented (from Petition)

When determining whether a defendant's substantial rights were affected by an indictment and jury instructions that omitted an essential element of a § 922(g)(1) offense, i.e., that the defendant knew he previously had been convicted of a crime punishable by imprisonment for a term exceeding one year, may a reviewing court consider facts about a defendant's criminal history that were not admitted at trial, including facts culled from a presentence report?

Question Presented (AI Summary)

Whether a reviewing court may consider a defendant's criminal history facts not admitted at trial when determining if an omission of an essential element in a § 922(g)(1) indictment and jury instructions affected the defendant's substantial rights

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2021-02-18
DISTRIBUTED for Conference of 3/5/2021.
2021-02-17
Reply of petitioner Rakeem Davis filed. (Distributed)
2021-02-01
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 February 1, 2021.
2020-12-20
Motion to extend the time to file a response from December 31, 2020 to February 1, 2021, submitted to The Clerk.
2020-11-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 31, 2020)

Attorneys

Rakeem Davis
Jacqueline Esther Shapiro — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent