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Greer v. United States

Consolidated with United States v. Gary (20-444)
Docket No.19-8709
Op. Below11th Cir.
ArgumentApr 20, 2021

Holding

In felon-in-possession cases under 18 U.S.C. § 922(g)(1), an error under Rehaif v. United States is not a basis for plain-error relief unless the defendant first makes a sufficient argument or representation on appeal that he would have presented evidence at trial that he did not in fact know he was a felon.

Judgment

Affirmed, 9-0, in an opinion by Brett Kavanaugh on Jun 14, 2021. Justice Sotomayor filed a concurring opinion.

Proceedings & orders timeline

Jun 8, 2020
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2020)
Jun 17, 2020
Waiver of right of respondent United States of America to respond filed.
Jun 25, 2020
DISTRIBUTED for Conference of 9/29/2020.
Aug 10, 2020
Response Requested. (Due September 9, 2020)
Aug 28, 2020
Motion to extend the time to file a response from September 9, 2020 to October 9, 2020, submitted to The Clerk.
Aug 31, 2020
Motion to extend the time to file a response is granted and the time is extended to and including October 9, 2020.
Oct 9, 2020
Brief of respondent United States of America filed.
Dec 3, 2020
DISTRIBUTED for Conference of 1/8/2021.
Dec 4, 2020
Rescheduled.
Dec 23, 2020
DISTRIBUTED for Conference of 1/8/2021.
Jan 6, 2021
Reply of petitioner Gregory Greer filed. (Distributed)
Jan 8, 2021
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Feb 22, 2021
Joint appendix filed. (Statement of costs filed)
Feb 22, 2021
Brief of petitioner Gregory Greer filed.
Feb 22, 2021
Motion file Volume II of the joint appendix under seal filed by petitioner Gregory Greer.
Mar 1, 2021
Blanket Consent filed by Petitioner, Gregory Greer
Mar 1, 2021
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Mar 12, 2021
SET FOR ARGUMENT on Tuesday, April 20, 2021.
Mar 15, 2021
Record requested.
Mar 15, 2021
The record from the U.S.C.A. 11th Circuit is electronic and located on Pacer.
Mar 19, 2021
Record from the U.S.D.C. Middle District of Florida Jacksonville Division has been electronically received and filed.
Mar 24, 2021
Brief of respondent United States of America filed.
Mar 29, 2021
Motion of petitioner for leave to file Volume II of the joint appendix under seal GRANTED.
Mar 30, 2021
CIRCULATED
Apr 9, 2021
Reply of petitioner Gregory Greer filed. (Distributed)
Apr 20, 2021
Argued. For petitioner: M. Allison Guagliardo, Assistant Federal Defender, Tampa, Fla. For respondent: Benjamin W. Snyder, Assistant to the Solicitor General, Department of Justice, Washington, D. C..
Jun 14, 2021
Adjudged to be AFFIRMED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Alito, Kagan, Gorsuch and Barrett, JJ., joined. Justice Sotomayor, concurring as to No. 19-8709, and concurring in part, dissenting in part, and dissenting from the judgment as to No. 20-444. (Opinion also for No. 20-444). VIDED.
Jul 16, 2021
JUDGMENT ISSUED.

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