No. 21-5432

Deangelo Lenard Johnson v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-08-20
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: criminal-law criminal-statute domestic-violence firearm-possession firearms knowledge-of-status mens-rea misdemeanor-conviction rehaif-standard rehaif-v-united-states statutory-interpretation
Latest Conference: 2021-11-19
Question Presented (from Petition)

Whether, to support Rehaif's knowledge-of-status element in a prosecution for unlawful possession of a firearm by a person convicted of a misdemeanor crime of domestic violence, 18 U.S.C. § 922(g)(9), the government must prove that the defendant knew that he had:

(1) been convicted of an offense that has "as an element, the use or attempted use of physical force" and thus qualifies as a misdemeanor crime of domestic violence as defined under federal law; or

(2) merely engaged in conduct that constitutes "physical force" as defined in United States v. Castleman, 572 U.S. 157, 163 (2014), whether or not the defendant knew how Castleman defines the term.

Question Presented (AI Summary)

Whether the government must prove the defendant's knowledge of the specific elements of a misdemeanor crime of domestic violence in a prosecution under 18 U.S.C. § 922(g)(9)

Docket Entries

2021-11-22
Petition DENIED.
2021-11-03
DISTRIBUTED for Conference of 11/19/2021.
2021-11-03
Reply of petitioner Deangelo Johnson filed. (Distributed)
2021-10-20
Brief of respondent United States in opposition filed.
2021-09-16
Motion to extend the time to file a response is granted and the time is extended to and including October 20, 2021.
2021-09-15
Motion to extend the time to file a response from September 20, 2021 to October 20, 2021, submitted to The Clerk.
2021-08-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 20, 2021)

Attorneys

Deangelo Johnson
Adeel Mohammad BashirOffice of the Federal Defender for the Middle District of Florida, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent