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United States v. Timothy Zachary Green

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 19-4348 · judgment August 28, 2020

GVR'd · June 21, 2021
Pre-decision estimate: 18% cert probability (95% interval 12%–26%)

Before the decision, about 4.3× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Fourth Circuit decision below.

Question presented

Whether a court of appeals may, on plain-error review, affirm a conviction for possessing a firearm following a felony conviction, in violation of 18 U.S.C. 922(g)(1) and 924(a)(2), on the ground that the entire record demonstrates that the defendant was not prejudiced by the application of later-overruled circuit precedent under which the government was not required to charge or prove knowledge of felon status. (I)

Counsel of record

For petitioner
Brian H. Fletcher
Acting Solicitor General

For respondent
Cullen Oakes Macbeth
Office of the Federal Public Defender (D/MD)

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jul 23 2021
    JUDGMENT ISSUED.
  2. Jun 21 2021
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Greer v. United States, 593 U. S. ___ (2021).
  3. Jun 14 2021
    DISTRIBUTED for Conference of 6/17/2021.
  4. Apr 27 2021
    DISTRIBUTED for Conference of 5/13/2021.
  5. Apr 26 2021
    Reply of petitioner United States filed.
  6. Apr 12 2021
    Brief of respondent Timothy Zachary Green in opposition filed.
  7. Mar 17 2021
    Petition for a writ of certiorari filed. (Response due April 16, 2021)