No. 21-6993

Damon Willis v. United States

Lower Court: Eighth Circuit
Docketed: 2022-01-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2nd-amendment criminal-law due-process fifth-amendment firearm-possession firearms jury-instruction jury-instructions prohibited-status rehaif-v-united-states sixth-amendment sovereign-citizen
Key Terms:
JusticiabilityDoctri
Latest Conference: 2022-02-25
Question Presented (from Petition)

Does Rehaif v. United States preclude a jury instruction that the federal government must prove a defendant knew his prohibited status made it illegal to possess a firearm when he claims a mistaken belief as to the application of 18 U.S.C. §§922(g) and 924(a)(2)?

Did the instruction in this case deny Mr. Willis's Fifth and Sixth Amendment rights to present a complete defense?

Question Presented (AI Summary)

Does Rehaif v. United States preclude a jury instruction that the federal government must prove a defendant knew his prohibited status made it illegal to possess a firearm when he claims a mistaken belief as to the application of 18 U.S.C. §§922(g) and 924(a)(2)?

Docket Entries

2022-02-28
Petition DENIED.
2022-02-10
DISTRIBUTED for Conference of 2/25/2022.
2022-02-03
Waiver of right of respondent United States to respond filed.
2022-01-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 28, 2022)
2021-11-17
Application (21A155) granted by Justice Kavanaugh extending the time to file until January 24, 2022.
2021-11-10
Application (21A155) to extend the time to file a petition for a writ of certiorari from November 25, 2021 to January 24, 2022, submitted to Justice Kavanaugh.

Attorneys

Damon Willis
Charles Joseph BanksFederal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent