No. 23-6769

Derrick Durrell Jones v. United States

Lower Court: Fifth Circuit
Docketed: 2024-02-16
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 2nd-amendment commerce-clause constitutional-challenge criminal-procedure due-process federal-firearms-law federal-jurisdiction firearm-possession interstate-commerce second-amendment standing statutory-interpretation
Key Terms:
SecondAmendment JusticiabilityDoctri
Latest Conference: 2024-03-15
Question Presented (from Petition)

1. Whether 18 U.S.C. § 922(g) permits conviction for the possession of any firearm
that has ever crossed state lines at any time in the indefinite past, and, if so,
if it is facially unconstitutional?

2. Whether 18 U.S.C. § 922(g)(1) comports with the Second Amendment?

3. Subsidiary Question: Whether this Court should hold the instant Petition
pending United States v. Rahimi, cert. granted, 143 S. Ct. 2688 (No. 22-915) (oral
argument heard Nov. 7, 2023), given the government's concession in its Petition
for Certiorari in Garland v. Range, (No. 23-374) that Rahimi presents "closely
related Second Amendment issues" with respect to constitutional challenges to
18 U.S.C. § 922(g)(1), and urges this Court to "hold the petition for a writ of
certiorari' in Range "pending its decision Rahimi[?]?

Question Presented (AI Summary)

Whether 18 U.S.C. § 922(g) permits conviction for the possession of any firearm that has ever crossed state lines at any time in the indefinite past, and, if so, if it is facially unconstitutional?

Docket Entries

2024-03-18
Petition DENIED.
2024-02-29
DISTRIBUTED for Conference of 3/15/2024.
2024-02-26
Waiver of right of respondent United States to respond filed.
2024-02-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 18, 2024)

Attorneys

Derrick Durrell Jones
Kevin Joel PageFederal Public Defenders Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent