No. 22-6315

Iklas Richard Davis v. United States

Lower Court: Third Circuit
Docketed: 2022-12-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: commerce-clause criminal-law criminal-statute due-process federalism felon-in-possession rehaif-v-united-states scienter supreme-court-precedent
Latest Conference: 2023-02-17
Question Presented (from Petition)

1. In United States v. Rehaif, _ U.S. ___, 189 S.Ct. 2191 (2019), this Court
acknowledged the presumption in favor of scienter — that criminal statutes
require the degree of knowledge sufficient to make a person legally
responsible for the consequences of his or her act — and held that ina
prosecution under 18 U.S.C. § 922(g), the government must prove beyond a
reasonable doubt that the defendant knew of his prohibiting status at the
time he possessed a firearm. The question presented is:

Does the Third Circuit's creation of a presumption that all individuals
convicted of 18 U.S.C. § 922(g)(1) (felon in possession), knew of their
relevant status conflict with Supreme Court precedent and essentially
eliminate the knowledge element just established by this Court in
Rehaif?

2. In recent decisions, this Court and individual Justices have expressed its
growing discomfort with the expansion of federal criminal statutes into an
area expressly reserved to state police power, by issuing opinions striking
down federal criminal statutes that failed to have a bona fide interstate
commerce nexus. This is particularly the case in areas that are in fact
sufficiently being regulated by the states. The question presented is:

Does the federal Unlawful Felon in Possession of a Firearm statute (18
U.S.C. § 922(g)(1)) exceed Congress's authority to regulate under the
Commerce Clause?

Question Presented (AI Summary)

Does the Third Circuit's presumption that 18 U.S.C. § 922(g)(1) defendants knew of their prohibiting status conflict with Rehaif?

Docket Entries

2023-02-21
Petition DENIED.
2023-01-12
DISTRIBUTED for Conference of 2/17/2023.
2023-01-10
Waiver of right of respondent United States to respond filed.
2022-12-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2023)

Attorneys

Iklas Davis
Gabrielle LeeOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent