No. 20-6811

Jesus Eder Moreno Ornelas v. United States

Lower Court: Ninth Circuit
Docketed: 2021-01-08
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: attempted-murder due-process felon-in-possession firearms jury plain-error-review rehaif-standard sentencing-guidelines sixth-amendment
Latest Conference: 2021-06-17 (distributed 2 times)
Question Presented (from Petition)

A. The government failed to overcome the presumption of innocence when
the jury could not reach a verdict on an attempted murder count. Did it violate
the Due Process Clause and the Sixth Amendment right to trial by jury for the
district court to, despite the government's failure to overcome the presumption
of innocence at trial, apply the attempted murder sentencing guideline through
a cross reference from the guideline for convictions on two firearms counts?

B. Petitioner was convicted of being a felon in possession of a firearm and
being an illegal alien in possession of a firearm in violation of 18 U.S.C. §
922(g), but the indictment did not allege, the jury instructions did not require a
finding of, and the government did not attempt to prove the knowledge of
status required by Rehaif v. United States, 139 S. Ct. 2191 (2019).

1. Does failure to make a specific Rehaif argument in a general
motion for judgment of acquittal limit review of a sufficiency of
evidence claim to review for plain error?

2. To the extent plain error review does apply, is a reviewing court
permitted to look to evidence outside the trial record in determining
whether there was an effect on substantial rights and/or an effect on the
fairness, integrity or public reputation of judicial proceedings?

3. Is a stipulation to the fact of status, as there was in the present
case and there is in most 18 U.S.C. § 922(g) cases, sufficient evidence to
establish the knowledge of status that Rehaif requires?

Question Presented (AI Summary)

Whether a sentence may be enhanced for an offense tried to but not found by the jury

Docket Entries

2021-06-21
Petition DENIED.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2021-02-26
Reply of petitioner Jesus Moreno Ornelas filed. (Distributed)
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2021-02-05
Memorandum of respondent United States filed.
2020-12-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 8, 2021)

Attorneys

Jesus Moreno Ornelas
Carlton Frederick Gunn — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent