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Jose Susumo Azano Matsura v. United States

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-50387 · judgment May 16, 2019

GVR'd · February 24, 2020
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Should the Court grant review, vacate the judgment below, and remand to the Ninth Circuit based on this Court’s holding in Rehaif v. United States, 139 S.Ct. 2191 (2019), requiring guilty knowledge of one’s status as an element of a violation of 18 U.S.C. § 922(g)(5)(B)?

  2. Are 18 U.S.C. § 922(g)(5)(B) and attendant regulations unconstitutionally vague on their face or as applied to petitioner?

Counsel of record

For petitioner
Charles M Sevilla

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 27 2020
    JUDGMENT ISSUED.
  2. Feb 24 2020
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Rehaif v. United States, 588 U. S. ___ (2019).
  3. Jan 15 2020
    DISTRIBUTED for Conference of 2/21/2020.
  4. Dec 27 2019
    Memorandum of respondent United States filed.
  5. Nov 21 2019
    Motion to extend the time to file a response is granted and the time is extended to and including December 30, 2019.
  6. Nov 19 2019
    Motion to extend the time to file a response from November 29, 2019 to December 30, 2019, submitted to The Clerk.
  7. Oct 25 2019
    Petition for a writ of certiorari filed. (Response due November 29, 2019)