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United States v. Michael Andrew Gary

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-4578 · judgment March 25, 2020

Decided · June 14, 2021
Pre-decision estimate: 30% cert probability (95% interval 20%–43%)

Before the decision, about 7.4× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. 922(g)(1) and 924(a), is automatically entitled to plain-error relief if the district court did not advise him that one element of that offense is knowledge of his status as a felon, regardless of whether he can show that the district court’s error affected the outcome of the proceedings. ORDER OF FEBRUARY 22, 2021: JEFFREY L. FISHER, ESQ., OF STANFORD, CALIFORNIA, IS APPOINTED TO SERVE AS COUNSEL FOR RESPONDENT.

Counsel of record

For petitioner
Brian H. Fletcher
Acting Solicitor General

For respondent
Jeffrey L. Fisher
Stanford Supreme Court Litigation Clinic

Case

Conference history
Distributed for 2 conferences

Amicus briefs
5 merits
(5 respondent)

Argument & decision

Argued April 20, 2021 — Jonathan Y. Ellis · Jeffrey L. Fisher. Audio and transcript

Decided June 14, 2021. Opinion by Kavanaugh.

Proceedings

  1. Jul 16 2021
    JUDGMENT ISSUED.
  2. Jun 14 2021
    Judgment REVERSED. 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 together with No. 19-8709). VIDED.
  3. Apr 20 2021
    Argued. For petitioner: Jonathan Y. Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Jeffrey L. Fisher, Stanford, Cal. (Appointed by this Court)
  4. Apr 09 2021
    Reply of petitioner United States filed. (Distributed)
  5. Mar 30 2021
    CIRCULATED
  6. Mar 29 2021
    Motion of petitioner for leave to file Volume II of the joint appendix under seal GRANTED.
  7. Mar 25 2021
    The record from the U.S.C.A. 4th Circuit is electronic and located on Pacer, with the exception of a sealed joint appendix, that was received and filed electronically.
  8. Mar 25 2021
    Brief amicus curiae of Stuart Banner filed.
  9. Mar 25 2021
    Brief amicus curiae of National Association of Federal Defenders filed.
  10. Mar 25 2021
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
  11. Mar 25 2021
    Brief amici curiae of Former United States District Court Judges filed.
  12. Mar 25 2021
    Brief amicus curiae of Cato Institute filed.
  13. Mar 18 2021
    Brief of respondent Michael Andrew Gary filed.
  14. Mar 17 2021
    Record received from the U.S.D.C. District of South Carolina has been electronically received and filed.
  15. Mar 15 2021
    Record requested.
  16. Mar 12 2021
    SET FOR ARGUMENT on Tuesday, April 20, 2021.
  17. Feb 22 2021
    Motion to appoint counsel filed by respondent GRANTED, and Jeffrey L. Fisher, Esq., of Stanford, California, is appointed to serve as counsel for respondent in this case.
  18. Feb 22 2021
    Blanket Consent filed by Respondent, Michael Andrew Gary
  19. Feb 16 2021
    Brief of petitioner United States filed.
  20. Feb 16 2021
    Joint appendix filed. (Statement of costs filed 5/12/21).
  21. Feb 16 2021
    Motion to file Volume II of the joint appendix under seal filed by petitioner United States.
  22. Jan 20 2021
    Motion DISTRIBUTED for Conference of 2/19/2021.
  23. Jan 12 2021
    Motion to appoint counsel filed by respondent Michael Andrew Gary.
  24. Jan 08 2021
    Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
  25. Jan 08 2021
    Petition GRANTED.
  26. Dec 23 2020
    DISTRIBUTED for Conference of 1/8/2021.
  27. Dec 23 2020
    Reply of petitioner United States filed. (Distributed)
  28. Dec 08 2020
    Brief of respondent Michael Andrew Gary in opposition filed.
  29. Dec 08 2020
    Motion for leave to proceed in forma pauperis filed by respondent Michael Andrew Gary.
  30. Oct 14 2020
    Motion to extend the time to file a response is granted and the time is extended to and including December 8, 2020.
  31. Oct 13 2020
    Motion to extend the time to file a response from November 6, 2020 to December 8, 2020, submitted to The Clerk.
  32. Oct 05 2020
    Petition for a writ of certiorari filed. (Response due November 6, 2020)