Tuesday, July 07, 2020

When Judge Wilkinson argues for reversal by the Supreme Court

In U.S. v. Gary, Judge Wilkinson joined by Judges Niemeyer, Agee, Quattlebaum, and Rushing, wrote at considerable length explaining why the United States Supreme Court should reject the analysis of the panel decision in the case.

The decision for the panel was written by Judge Gregory, joined by Judges Thacker and Floyd, about the holding of the Supreme Court in Rehaif v. U.S.

The issue is the characterization of the error as "structural" such that it subjects prior convictions to collateral attack, which Judge Wilkinson described as a tremendous cost to the government.

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