Supreme Court of the United States · Official docket →
Gregory Greer v. United States
IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 18-12963 · judgment January 8, 2020
Question presented
Last year, this Court held in Rehaif v. United States, 139 S. Ct. 2191 (2019), that, in a prosecution under 18 U.S.C. §§ 922(g) and 924(a)(2), the government must prove not only that the defendant knew he possessed a firearm, but also that he knew he belonged to the relevant category of persons barred from possessing a firearm. Since then the circuit courts of appeals have attempted to define the scope of review when applying the holding of Rehaif to cases remanded by this Court. The question presented is: Whether when applying plain-error review based upon an intervening United States Supreme Court decision, a circuit court of appeals may review matters outside the trial record to determine whether the error affected a defendant’s substantial rights or impacted the fairness, integrity, or public reputation of the trial?
Counsel of record
For petitioner
Meghan Collins
Office of the Federal Public Defender
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Conference history
Distributed for 3 conferences
Amicus briefs
1 merits
(1 supporting pet./neither)
Argument & decision
Argued April 20, 2021 — M. Allison Guagliardo · Benjamin W. Snyder. Audio and transcript
Decided June 14, 2021. Opinion by Kavanaugh.
Proceedings
- Jul 16 2021JUDGMENT ISSUED.
- Jun 14 2021Adjudged 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.
- Apr 20 2021Argued. 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..
- Apr 09 2021Reply of petitioner Gregory Greer filed. (Distributed)
- Mar 30 2021CIRCULATED
- Mar 29 2021Motion of petitioner for leave to file Volume II of the joint appendix under seal GRANTED.
- Mar 24 2021Brief of respondent United States of America filed.
- Mar 19 2021Record from the U.S.D.C. Middle District of Florida Jacksonville Division has been electronically received and filed.
- Mar 15 2021Record requested.
- Mar 15 2021The record from the U.S.C.A. 11th Circuit is electronic and located on Pacer.
- Mar 12 2021SET FOR ARGUMENT on Tuesday, April 20, 2021.
- Mar 01 2021Blanket Consent filed by Petitioner, Gregory Greer
- Mar 01 2021Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
- Feb 22 2021Joint appendix filed. (Statement of costs filed)
- Feb 22 2021Brief of petitioner Gregory Greer filed.
- Feb 22 2021Motion file Volume II of the joint appendix under seal filed by petitioner Gregory Greer.
- Jan 08 2021Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
- Jan 06 2021Reply of petitioner Gregory Greer filed. (Distributed)
- Dec 23 2020DISTRIBUTED for Conference of 1/8/2021.
- Dec 04 2020Rescheduled.
- Dec 03 2020DISTRIBUTED for Conference of 1/8/2021.
- Oct 09 2020Brief of respondent United States of America filed.
- Aug 31 2020Motion to extend the time to file a response is granted and the time is extended to and including October 9, 2020.
- Aug 28 2020Motion to extend the time to file a response from September 9, 2020 to October 9, 2020, submitted to The Clerk.
- Aug 10 2020Response Requested. (Due September 9, 2020)
- Jun 25 2020DISTRIBUTED for Conference of 9/29/2020.
- Jun 17 2020Waiver of right of respondent United States of America to respond filed.
- Jun 08 2020Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2020)