No. 18-6222

Donte Timothy Bacon v. United States

Lower Court: Sixth Circuit
Docketed: 2018-10-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: as-applied-challenges class-v-united-states commerce-clause constitutional-challenge constitutional-law criminal-procedure de-novo district-of-colombia-v-heller federal-criminalization federal-jurisdiction federal-prosecution firearm-regulation guilty-plea interstate-commerce intrastate-firearm-possession intrastate-firearm-sale plain-error second-amendment standard-of-review statutory-interpretation unconditional-guilty-plea united-states-v-lopez
Latest Conference: 2018-11-02
Question Presented (from Petition)

Consistent with Class v. United States, 583 U.S. _, 138 S.Ct. 798 (2018), are as-applied constitutional challenges to statutes of conviction waived by an unconditional guilty plea, and is the standard of review de novo or plain-error?

Consistent with District of Colombia v. Heller, 554 U.S. 570 (2008), and United States v. Lopez, 514 U.S. 549 (1995), does Congress have authority to federally criminalize a wholly intrastate firearm sale and possession based only on the minimal showing that the firearms, at some point in time, traveled in interstate commerce?

Question Presented (AI Summary)

Whether as-applied constitutional challenges to statutes of conviction are waived by an unconditional guilty plea, and the standard of review

Docket Entries

2018-11-05
Petition DENIED.
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-10
Waiver of right of respondent United States to respond filed.
2018-09-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 5, 2018)
2018-07-16
Application (18A57) granted by Justice Kagan extending the time to file until September 15, 2018.
2018-07-03
Application (18A57) to extend the time to file a petition for a writ of certiorari from July 17, 2018 to September 15, 2018, submitted to Justice Kagan.

Attorneys

Donte Timothy Bacon
Stephen Ross JohnsonRitchie, Dillard, Davies & Johnson, P.C., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent