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United States v. Malik Nasir

Paid petition · United States Court of Appeals for the Third Circuit, No. 18-2888 · judgment December 1, 2020

GVR'd · October 4, 2021
Pre-decision estimate: 26% cert probability (95% interval 18%–37%)

Before the decision, about 6.4× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Third Circuit decision below.

Question presented

Whether a court of appeals may, on plain-error review, affirm a conviction following a trial for possessing a firearm as a felon, 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.

Counsel of record

For petitioner
Brian H. Fletcher
Acting Solicitor General

For respondent
Keith M. Donoghue
Federal Community Defender Office, Eastern District of Pennsylvania

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 05 2021
    JUDGMENT ISSUED.
  2. Oct 04 2021
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Greer v. United States, 593 U. S. ___ (2021).
  3. Aug 04 2021
    DISTRIBUTED for Conference of 9/27/2021.
  4. Jul 20 2021
    Response to petition from respondent Malik Nasir filed.
    Main DocumentProof of Service
  5. Jul 13 2021
    Response Requested. (Due August 12, 2021)
  6. Jun 16 2021
    DISTRIBUTED for Conference of 9/27/2021.
  7. Apr 30 2021
    Petition for a writ of certiorari filed. (Response due June 1, 2021)
    PetitionProof of Service