No. 23-7762

Christopher McPherson v. United States

Lower Court: Fourth Circuit
Docketed: 2024-06-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure-appeal drug-trafficking felon-in-possession firearm-possession fourth-circuit-review plain-error-standard rehaif-test sentencing sentencing-discretion sufficiency-of-evidence
Latest Conference: 2024-09-30
Question Presented (from Petition)

I. Whether the Fourth Circuit erred by failing to reverse the
conviction on Count V of the Superseding Indictment - Possession of
a Firearm in Furtherance of a Drug Trafficking Crime (18 U.S.C.
Sec. 924(c) (1) (A)) - where the evidence was insufficient and the
prosecution's failure was clear?

II. Whether the Fourth Circuit erred, under a Plain Error
standard, by failing to reverse the conviction on Count IV of the
Superseding Indictment — Felon in Possession of a Firearm (18
U.S.C. Sec. 922(g) (1)and 924(a) (2)) - where the Government failed
the Rehaif test and the evidence was insufficient and the
prosecution's failure was clear?

III. Whether the Fourth Circuit erred, 'under the
"reasonableness" and the "deferential abuse-of-discretion
standard," by failing to reverse the sentences on both Count V and
IV based on the insufficiency of the evidence underlying the
convictions, and the failure of the record to support by a
preponderance of the evidence drug trafficking by Mr. McPherson?

Question Presented (AI Summary)

Whether the Fourth Circuit erred in upholding the convictions on Count V and Count IV

Docket Entries

2024-10-07
Petition DENIED.
2024-07-03
DISTRIBUTED for Conference of 9/30/2024.
2024-06-26
Waiver of United States of right to respond submitted.
2024-06-26
Waiver of right of respondent United States to respond filed.
2024-06-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 22, 2024)

Attorneys

Christopher McPherson
Peter L. GoldmanPeter L. Goldman, Esq. , Petitioner
United States
Elizabeth B. Prelogar — Respondent