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Hamid Mohamed Ahmed Ali Rehaif v. United States

IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 16-15860-AA · judgment March 26, 2018

Decided · June 21, 2019

Question presented

Under federal law, persons of various statuses are prohibited from "possess[ing] in or affecting commerce, any firearm or ammunition." 18 U.S.C.§ 922(g).One .such status is being an alien "illegally or unlawfully in the United States." 18 U.S.C.§ 922(g) (5)(A). The penalty for violating § 922(g) is found in 18 U.S.C.§ 924, which provides "Whoever knowingly violates subsection ...(g) ...of section 922 shall be fined, ...imprisoned, ...or both. 18 U.S.C.§ 924(a)(2). The question presented is: Whether the "knowingly" provision of § 924(a)(2) applies to both the possession and status elements of a § 922(g) crime, as has been urged by then-Judge, now Justice Gorsuch, or whether it applies only to the possession element, as has been held by the courts.

Counsel of record

For petitioner
Robert Godfrey
Federal Public Defender Office

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 5 conferences

Amicus briefs
3 merits
(2 supporting pet./neither, 1 respondent)

Argument & decision

Argued April 23, 2019 — Rosemary T. Cakmis · Allon Kedem. Audio and transcript

Decided June 21, 2019. Opinion by Breyer.

Proceedings

  1. Jul 23 2019
    JUDGMENT ISSUED.
  2. 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.
  3. 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.
  4. Apr 12 2019
    Reply of petitioner Hamid Rehaif filed. (Distributed)
  5. Apr 01 2019
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  6. Apr 01 2019
    Brief amicus curiae of Everytown for Gun Safety filed. (Distributed)
  7. Mar 28 2019
    Record from the U.S.C.A. 11th Circuit is electronic and located on Pacer.
  8. Mar 25 2019
    Brief of respondent United States filed. (Distributed)
  9. Mar 21 2019
    Record requested from the U.S.C.A. 11th Circuit.
  10. Mar 20 2019
    CIRCULATED
  11. Mar 01 2019
    Brief amicus curiae of National Immigrant Justice Center filed.
  12. Mar 01 2019
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
  13. Feb 22 2019
    Brief of petitioner Hamid Rehaif filed.
  14. Feb 22 2019
    Motion to dispense with printing the joint appendix filed by petitioner Hamid Rehaif.
  15. Feb 11 2019
    SET FOR ARGUMENT on Tuesday, April 23, 2019
  16. Feb 07 2019
    Blanket Consent filed by Petitioner, Hamid Rehaif.
  17. 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.
  18. Jan 11 2019
    Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
  19. Jan 07 2019
    DISTRIBUTED for Conference of 1/11/2019.
  20. Dec 20 2018
    DISTRIBUTED for Conference of 1/4/2019.
  21. Dec 03 2018
    DISTRIBUTED for Conference of 12/7/2018.
  22. Nov 08 2018
    DISTRIBUTED for Conference of 11/30/2018.
  23. Nov 07 2018
    Reply of petitioner Hamid Rehaif filed. (Distributed)
  24. Oct 24 2018
    Brief of respondent United States in opposition filed.
  25. 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.
  26. Sep 17 2018
    Motion to extend the time to file a response from September 24, 2018 to October 24, 2018, submitted to The Clerk.
  27. 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.
  28. Aug 10 2018
    Motion to extend the time to file a response from August 23, 2018 to September 24, 2018, submitted to The Clerk.
  29. Jul 24 2018
    Response Requested. (Due August 23, 2018)
  30. Jul 12 2018
    DISTRIBUTED for Conference of 9/24/2018.
  31. Jul 03 2018
    Waiver of right of respondent United States to respond filed.
  32. Jun 21 2018
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 26, 2018)