No. 20-7604

Christopher Johnson v. United States

Lower Court: Ninth Circuit
Docketed: 2021-03-31
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: appellate-review criminal-procedure due-process guilty-plea indictment mens-rea plain-error rehaif
Key Terms:
DueProcess FifthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (from Petition)

I. When an indictment fails to allege an essential mens rea element, may the appellate court assume the indictment still alleges a federal offense and consider material outside the trial record to adjudicate the defendant's mens rea in the first instance under plain error's fourth prong?

II. Does an unconstitutional guilty plea that violates due process satisfy the fourth prong of plain error by endangering the fairness, integrity, or public reputation of judicial proceedings?

Question Presented (AI Summary)

Whether the appellate court may assume the indictment alleges a federal offense and consider material outside the trial record to adjudicate the defendant's mens rea under plain error's fourth prong

Docket Entries

2021-10-04
Petition DENIED.
2021-06-17
DISTRIBUTED for Conference of 9/27/2021.
2021-06-01
Memorandum for the United States filed.
2021-04-23
Motion to extend the time to file a response is granted and the time is extended to and including June 1, 2021. See Rule 30.1.
2021-04-22
Motion to extend the time to file a response from April 30, 2021 to May 31, 2021, submitted to The Clerk.
2021-03-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 30, 2021)

Attorneys

Christopher Johnson
Amy B. ClearyFederal Public Defender, District of Nevada, Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent