Saturday, January 9, 2021
Issue summaries are from ScotusBlog, which also links to papers:
- Terry v. United States: Whether pre-August 3, 2010, crack offenders sentenced under 21 U.S.C. § 841(b)(1)(C) have a “covered offense” under Section 404 of the First Step Act.
- United States v. Palomar-Santiago: Whether a defendant, charged with unlawful reentry into the United States following removal, automatically satisfies the prerequisites to asserting the invalidity of the original removal order as an affirmative defense solely by showing that he was removed for a crime that would not be considered a removable offense under current circuit law, even if he cannot independently demonstrate administrative exhaustion or deprivation of the opportunity for judicial review.
- United States v. Gary: 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.