No. 23-7222

Evaristo Contreras Silva v. United States

Lower Court: Fifth Circuit
Docketed: 2024-04-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof criminal-firearm-possession criminal-law firearms immigration immigration-status intent-element mens-rea rehaif-standard rehaif-v-united-states statutory-interpretation
Latest Conference: 2024-05-09
Question Presented (from Petition)

Whether, in prosecutions under 18 U.S.C. § 922(g)(5), the Government must–in order to separate wrongful acts from innocent acts–offer direct evidence to establish a defendant, such as Evaristo Contreras Silva, acted with a vicious or evil intent (e.g., evidence establishing a defendant, such as Mr. Contreras, actually knew he was not legally present in the United States) in order to prove guilt beyond a reasonable doubt when a defendant, such as Mr. Contreras, offered direct evidence, including his testimony, bond paperwork, and a Form I-94 "permit," to support his mistaken belief the Form I-94 permit had an effect on his immigration status, a mistaken impression falling squarely within Rehaif v. United States, 139 S. Ct. 2191, 2198 (2019) ("a mistaken impression concerning the legal effect of some collateral matter . . . that . . . results in his misunderstanding the full significance of his conduct, . . . negat[es] an element of the offense[]" (internal citation and quotation marks omitted)).

Question Presented (AI Summary)

Whether the government must offer direct evidence of a defendant's vicious or evil intent to prove guilt beyond a reasonable doubt in 18 U.S.C. § 922(g)(5) prosecutions when the defendant offers evidence of a mistaken belief about their immigration status

Docket Entries

2024-05-13
Petition DENIED.
2024-04-24
DISTRIBUTED for Conference of 5/9/2024.
2024-04-19
Waiver of right of respondent United States to respond filed.
2024-04-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 15, 2024)

Attorneys

Evaristo Contreras Silva
Douglas Lee HarvilleThe Harville Law Firm, LLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent