No. 22-7157

Andreqio Stevens v. United States

Lower Court: Sixth Circuit
Docketed: 2023-03-30
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: 2nd-amendment commerce-clause criminal-law criminal-statute due-process federal-jurisdiction firearm-possession interstate-transportation jurisdictional-element prohibited-persons statutory-interpretation
Key Terms:
CriminalProcedure
Latest Conference: 2023-09-26
Question Presented (from Petition)

18 U.S.C. § 922(g) criminalizes three different offenses relating to a firearm for "prohibited persons": transporting a firearm, possessing a firearm, and receiving a firearm. Moreover, Congress has written a different commerce clause jurisdictional element for each offense: the text for transporting and receiving offenses requires the Government to prove that the firearm was "shipped or transported in interstate or foreign commerce," while possession of a firearm must be proven to be "in or affecting commerce."

Does the different language used by Congress as to the possession crime require a jury to find more than a prior shipping or transportation of the firearm across state lines?

Question Presented (AI Summary)

Does the different language used by Congress as to the possession crime require a jury to find more than a prior shipping or transportation of the firearm across state lines?

Docket Entries

2023-10-02
Petition DENIED.
2023-06-15
DISTRIBUTED for Conference of 9/26/2023.
2023-06-12
Reply of petitioner Andreqio Stevens filed. (Distributed)
2023-05-31
Brief of respondent United States in opposition filed.
2023-04-26
Motion to extend the time to file a response is granted and the time is extended to and including May 31, 2023.
2023-04-25
Motion to extend the time to file a response from May 1, 2023 to May 31, 2023, submitted to The Clerk.
2023-03-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 1, 2023)

Attorneys

Andreqio Stevens
Kevin Michael SchadOffice of the Federal Public Defender , Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent