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Rehaif v. United States

Docket No.17-9560
Op. Below11th Cir.
ArgumentApr 23, 2019

Holding

In a prosecution under 18 U.S.C. §§ 922(g), 924(a)(2), the government must prove both that the defendant knew he possessed a firearm and that he knew he belonged to the relevant category of persons barred from possessing a firearm.

Judgment

Reversed and remanded, 7-2, in an opinion by Stephen G. Breyer on Jun 21, 2019. Justice Alito filed a dissenting opinion, in which Justice Thomas joined.

Proceedings & orders timeline

Jun 21, 2018
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 26, 2018)
Jul 3, 2018
Waiver of right of respondent United States to respond filed.
Jul 12, 2018
DISTRIBUTED for Conference of 9/24/2018.
Jul 24, 2018
Response Requested. (Due August 23, 2018)
Aug 10, 2018
Motion to extend the time to file a response from August 23, 2018 to September 24, 2018, submitted to The Clerk.
Aug 13, 2018
Motion to extend the time to file a response is granted and the time is extended to and including September 24, 2018.
Sep 17, 2018
Motion to extend the time to file a response from September 24, 2018 to October 24, 2018, submitted to The Clerk.
Sep 18, 2018
Motion to extend the time to file a response is granted and the time is further extended to and including October 24, 2018.
Oct 24, 2018
Brief of respondent United States in opposition filed.
Nov 7, 2018
Reply of petitioner Hamid Rehaif filed. (Distributed)
Nov 8, 2018
DISTRIBUTED for Conference of 11/30/2018.
Dec 3, 2018
DISTRIBUTED for Conference of 12/7/2018.
Dec 20, 2018
DISTRIBUTED for Conference of 1/4/2019.
Jan 7, 2019
DISTRIBUTED for Conference of 1/11/2019.
Jan 11, 2019
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Jan 31, 2019
Letter informing Clerk of joint briefing schedule agreed upon by parties. Petitioner will file the joint appendix and petitioner's brief on the merits on or before February 22, 2019. Respondent will file respondent's brief on the merits on or before Monday, March 25, 2019.
Feb 7, 2019
Blanket Consent filed by Petitioner, Hamid Rehaif.
Feb 11, 2019
SET FOR ARGUMENT on Tuesday, April 23, 2019
Feb 22, 2019
Brief of petitioner Hamid Rehaif filed.
Feb 22, 2019
Motion to dispense with printing the joint appendix filed by petitioner Hamid Rehaif.
Mar 1, 2019
Brief amicus curiae of National Immigrant Justice Center filed.
Mar 1, 2019
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Mar 20, 2019
CIRCULATED
Mar 21, 2019
Record requested from the U.S.C.A. 11th Circuit.
Mar 25, 2019
Brief of respondent United States filed. (Distributed)
Mar 28, 2019
Record from the U.S.C.A. 11th Circuit is electronic and located on Pacer.
Apr 1, 2019
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Apr 1, 2019
Brief amicus curiae of Everytown for Gun Safety filed. (Distributed)
Apr 12, 2019
Reply of petitioner Hamid Rehaif filed. (Distributed)
Apr 23, 2019
Argued. For petitioner: Rosemary T. Cakmis, Orlando, Fla. For respondent: Allon Kedem, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 21, 2019
Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas, J., joined.
Jul 23, 2019
JUDGMENT ISSUED.

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