Supreme Court of the United States · Official docket →
Devan Pierson v. United States
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 18-1112 · judgment May 31, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
-
Section 401(c) of the First Step Act of 2018, Pub. L. No. 115-394, provides: “This section, and the amendments made by this section, shall apply to any offense that was committed before the date of enactment of this Act, if a sentence for the offense has not been imposed as of such date of enactment.” The first question presented is whether a sentence is “imposed” within the meaning of §401(c) when it is first issued by the district court, or when it becomes final following exhaustion of the direct-appeal process.
-
In its recent decision in Rehaif v. United States, this Court concluded that, to prove a status-based possession charge under §922(g), the government “must show that the defendant knew he possessed a firearm and also that he knew he had the relevant status when he possessed it.” 139 S. Ct. 2191, 2194 (2019). The government did not endeavor to make that showing in this case. The second question presented is whether petitioner is entitled to a grant, vacate, and remand for reconsideration in light of Rehaif.
Counsel of record
For petitioner
Erin E. Murphy
Clement & Murphy, PLLC
For respondent
Noel John Francisco
Jones Day
Proceedings
- Apr 10 2020JUDGMENT ISSUED.
- Mar 09 2020Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Rehaif v. United States, 588 U. S. ___ (2019).
- Feb 19 2020DISTRIBUTED for Conference of 3/6/2020.
- Feb 18 2020Reply of petitioner Devan Pierson filed.
- Jan 30 2020Brief of respondent United States in opposition filed.
- Dec 19 2019Motion to extend the time to file a response is granted and the time is further extended to and including January 30, 2020.
- Dec 18 2019Motion to extend the time to file a response from December 30, 2019 to January 30, 2020, submitted to The Clerk.
- Nov 21 2019Motion to extend the time to file a response is granted and the time is extended to and including December 30, 2019.
- Nov 20 2019Motion to extend the time to file a response from November 29, 2019 to December 30, 2019, submitted to The Clerk.
- Oct 28 2019Petition for a writ of certiorari filed. (Response due November 29, 2019)
- Sep 06 2019Application (19A142) granted by Justice Kavanaugh extending the time to file until October 28, 2019.
- Sep 05 2019Application (19A142) to extend further the time from September 28, 2019 to October 28, 2019, submitted to Justice Kavanaugh.
- Aug 05 2019Application (19A142) to extend the time to file a petition for a writ of certiorari from August 29, 2019 to September 28, 2019, submitted to Justice Kavanaugh.
- Aug 05 2019Application (19A142) granted by Justice Kavanaugh extending the time to file until September 28, 2019.