No. 20-7761

Andrew Indelicato Peterson v. S. Butler, Warden

Lower Court: Sixth Circuit
Docketed: 2021-04-14
Status: Denied
Type: IFP
IFP
Tags: conviction-challenge criminal-procedure due-process essential-elements evidence-admissibility felon-in-possession knowledge-of-status plea-agreement prior-conviction prior-misconduct sentencing statutory-interpretation
Latest Conference: 2021-09-27
Question Presented (from Petition)

Can the distriet Court Use Post offenic conduct for crimes that a
defendant never Served Overa Year in Prison to assume ai defendant
knew his status Prior to the Federaloffense.

Should a Plenabreement be Voided baseon a Mandatar element Missing out
the Plea agrcemento

If a defendant Sugsest or states, that he Would have Proceded to trial
had he been aware the sovorment had to Prove his tonowledse of
Status at the time of the Federal offense wold this be enush
to Vacate an Remant that defandant Convietion.

If ther is noconfrmaton Withons tnowlee to stat element in a
defendunts len asrement, will that Pler asrement be Stronslt sussestive
Of knowledse of felonie status bf defendants.

What avene can defendent tare that filed an Previous s 2ass motion Prior
to a New Supreme Court interfretation rulins.

Does a defendant have a risht to be notified by trial court's
beins a Prohibited Person.

Question Presented (AI Summary)

Whether a defendant who has not served over a year in prison can assume his prior conviction was vacated for purposes of a felon-in-possession charge

Docket Entries

2021-10-04
Petition DENIED.
2021-07-01
DISTRIBUTED for Conference of 9/27/2021.
2021-06-11
Memorandum in Opposition filed.
2021-05-11
Motion to extend the time to file a response is granted and the time is extended to and including June 14, 2021.
2021-05-10
Motion to extend the time to file a response from May 14, 2021 to June 14, 2021, submitted to The Clerk.
2021-04-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 14, 2021)

Attorneys

Andrew I. Peterson
Andrew Indelicato Peterson — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent