No. 21-5062

Ricardo Burgos v. United States

Lower Court: Seventh Circuit
Docketed: 2021-07-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights-restoration criminal-procedure due-process evidentiary-hearing felon-in-possession plain-error rehaif-standard rehaif-v-united-states
Latest Conference: 2021-09-27
Question Presented (from Petition)

In Light of this Court's holding in United States v. Gary, (20-444) (S.Ct. June 14, 2021) regarding plain error under Rehaif v. United States, 139 S.Ct. 2191 (2019) did the United States District Court err in refusing to Grant an evidentiary hearing under 28 U.S.C. § 2255, where, on appeal, Mr. Burgos asserted that he did not know he was a felon for the purposes of 18 U.S.C. § 922(g)— as he had successfully completed state probation, had never served a prison sentence, and believed his civil rights to have been restored?

Question Presented (AI Summary)

Whether the district court erred in refusing to grant an evidentiary hearing under 28 U.S.C. § 2255 where the defendant asserted he did not know he was a felon for purposes of 18 U.S.C. § 922(g)

Docket Entries

2021-10-04
Petition DENIED.
2021-07-22
DISTRIBUTED for Conference of 9/27/2021.
2021-07-14
Waiver of right of respondent United States to respond filed.
2021-06-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 9, 2021)

Attorneys

Ricardo Burgos
Ricardo Burgos — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent