No. 23-7055

Jacob Lyon v. United States

Lower Court: Fifth Circuit
Docketed: 2024-03-22
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 18-usc-922g constitutional-challenge criminal-procedure second-amendment sentencing sentencing-enhancement statutory-interpretation united-states-v-rahimi waiver
Latest Conference: 2024-04-19
Question Presented (from Petition)

1. Whether an objection to a sentencing enhancement, urged with a specific argument supporting the non-application of that enhancement, waives all other grounds for the enhancement.

2. Whether 18 U.S.C. § 922(g) is constitutional under the Second Amendment? And, 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), give 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 in Rahimi[?]"

Question Presented (AI Summary)

Whether an objection to a sentencing enhancement waives all other grounds for the enhancement

Docket Entries

2024-04-22
Petition DENIED.
2024-04-04
DISTRIBUTED for Conference of 4/19/2024.
2024-03-27
Waiver of right of respondent United States to respond filed.
2024-03-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2024)

Attorneys

Jacob Lyon
Shane O'NealO'Neal Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent