No. 23-7401

Kristopher Lee Rocco v. United States

Lower Court: Fifth Circuit
Docketed: 2024-05-07
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 2nd-amendment civil-rights constitutional-challenge criminal-statute due-process federal-criminal-law federal-law firearm-possession interstate-commerce second-amendment standing takings
Key Terms:
SecondAmendment JusticiabilityDoctri
Latest Conference: 2024-06-06
Question Presented (from Petition)

L 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?

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

Subsidiary Question: Whether this Court should hold the instant
Petition pending United States v. Rahimi, 22-915, __U.8.__, 2023
WL 4278450 (June 30, 2023) (granting cert.), given the
government's concession 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
justifies a decision to "hold the petition for a writ of certiorari" in
Range "pending its decision Rahimi', Government's Petition for
Certiorari in Garland v. Range, 23-374, at 7 (Filed October 5,
2023), available at
last
visited March 3, 2023?

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

2024-06-10
Petition DENIED.
2024-05-22
DISTRIBUTED for Conference of 6/6/2024.
2024-05-14
Waiver of right of respondent United States to respond filed.
2024-05-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 6, 2024)

Attorneys

Kristopher Lee Rocco
Adam Ryan NicholsonOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent