Inner City Press

In Other Media-eg New Statesman, AJE, FP, Georgia, NYTAzerbaijan, CSM Click here to contact us     .

These reports are usually available through Google News and on Lexis-Nexis

Share |   

Follow on TWITTER
SDNY tweets
MRL on Patreon

Home -

These reports are usually available through Google News and on Lexis-Nexis


(FP Twitterati 100, 2013)

ICP on YouTube
Sept 24, 2013

UN: Sri Lanka


FOIA Finds  

Google, Asked at UN About Censorship, Moved to Censor the Questioner, Sources Say, Blaming UN - Update - Editorial

Support this work by buying this book

Click on cover for secure site orders

also includes "Toxic Credit in the Global Inner City"




Bank Beat

Freedom of Information

How to Contact Us

Serving 15 Years Simmons Filed Rehaif Motion in 2019 and Now Gets SDNY Nolo Prosequi

By Matthew Russell Lee, Previous Thread
The Source - XXL - The Root - Vibe, etc

SDNY COURTHOUSE, April 6 – The U.S. Supreme Court's decision in Rehaif v. US in June resulted in an oral argument in Simmons v. US on October 21, 2019 before Judge Valerie E. Caproni of the U.S. District Court for the Southern District of New York.

    Robert Simmons had moved to vacate his 15-year prison sentence under the Armed Career Criminal Act, and the process was midway through. Then after the Supreme Court decided Rehaif, his Federal Defender lawyers made a pre-trial motion.

    The issue on October 21, 2019 was whether it can properly be called a pre-trial motion so long after conviction. Assistant US Attorney Peter Davis repeatedly argued no, while also opposing Simmons' motion on the merits.

    Federal Defenders - with two at the defense table and two in Judge Caproni's courtroom gallery otherwise empty but for Inner City Press - argued that the grand jury that indicted Simmons was not correctly instructed on what they would need to find, about Simmons' knowledge of his status in connection with possessing a firearm. See, Rehaif v. US, No. 17-9560, __ S. Ct. __, 2018 WL 2552487 (June 21, 2019).

   Judge Caproni said the purpose of requiring some issues to be raised pre-trial is to allow the government and amend and correct how it charges offenses.

    Judge Caproni gave Federal Defenders the last word, said she will issue a ruling at some point but urged both sides to discuss and try to find some other way to dispose of the case that advances justice. Inner City Press wrote that it would continue to follow the case.

And it has. On April 6, 2021, the US Attorney's Office filed a "nolo prosequi" dropping the indictment against Robert Simmons.

The case is Simmons v. US, 16-cv-2055 (Caproni) and US v. Simmons, 08-cr-1280 (Caproni).


Feedback: Editorial [at]

Box 20047, Dag Hammarskjold Station NY NY 10017

Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis.

 Copyright 2006-2019 Inner City Press, Inc. To request reprint or other permission, e-contact Editorial [at] for