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United States v. Gary

Docket No. Op. Below Argument Opinion Vote Author Term
20-444 4th Cir. Apr 20, 2021
TBD TBD TBD OT 2020

Issue: Whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. 922(g)(1) and 924(a), is automatically entitled to plain-error relief if the district court did not advise him that one element of that offense is knowledge of his status as a felon, regardless of whether he can show that the district court’s error affected the outcome of the proceedings.

DateProceedings and Orders (key to color coding)
Oct 05 2020Petition for a writ of certiorari filed. (Response due November 6, 2020)
Oct 13 2020Motion to extend the time to file a response from November 6, 2020 to December 8, 2020, submitted to The Clerk.
Oct 14 2020Motion to extend the time to file a response is granted and the time is extended to and including December 8, 2020.
Dec 08 2020Brief of respondent Michael Andrew Gary in opposition filed.
Dec 08 2020Motion for leave to proceed in forma pauperis filed by respondent Michael Andrew Gary.
Dec 23 2020DISTRIBUTED for Conference of 1/8/2021.
Dec 23 2020Reply of petitioner United States filed. (Distributed)
Jan 08 2021Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jan 08 2021Petition GRANTED.
Jan 12 2021Motion to appoint counsel filed by respondent Michael Andrew Gary.
Jan 20 2021Motion DISTRIBUTED for Conference of 2/19/2021.
Feb 16 2021Brief of petitioner United States filed.
Feb 16 2021Joint appendix filed.
Feb 16 2021Motion to file Volume II of the joint appendix under seal filed by petitioner United States.
Feb 22 2021Motion to appoint counsel filed by respondent GRANTED, and Jeffrey L. Fisher, Esq., of Stanford, California, is appointed to serve as counsel for respondent in this case.
Feb 22 2021Blanket Consent filed by Respondent, Michael Andrew Gary
Mar 12 2021SET FOR ARGUMENT on Tuesday, April 20, 2021.
Mar 15 2021Record requested.
Mar 17 2021Record received from the U.S.D.C. District of South Carolina has been electronically received and filed.
Mar 18 2021Brief of respondent Michael Andrew Gary filed.
Mar 25 2021The record from the U.S.C.A. 4th Circuit is electronic and located on Pacer, with the exception of a sealed joint appendix, that was received and filed electronically.
Mar 25 2021Brief amicus curiae of Stuart Banner filed.
Mar 25 2021Brief amicus curiae of National Association of Federal Defenders filed.
Mar 25 2021Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Mar 25 2021Brief amici curiae of Former United States District Court Judges filed.
Mar 25 2021Brief amicus curiae of Cato Institute filed.
Mar 29 2021Motion of petitioner for leave to file Volume II of the joint appendix under seal GRANTED.
Mar 30 2021CIRCULATED
Apr 09 2021Reply of petitioner United States filed. (Distributed)