No. 23-7421

Demarcus Deon Staples v. United States

Lower Court: Fifth Circuit
Docketed: 2024-05-08
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 2nd-amendment appellate-review civil-rights constitutional-analysis criminal-law due-process felony-conviction fifth-circuit firearm-possession plain-error plain-error-review statutory-interpretation
Key Terms:
SecondAmendment
Latest Conference: 2024-06-06
Question Presented (from Petition)

I. Mr. Staples pleaded guilty to violating 18 U.S.C. § 922( g)(1), which criminalizes the possession of a firearm by anyone previously convicted for a felony offense . He then attacked the statute of conviction as unconstitutional on appeal . Applying the plain -error stan dard of review, th e Fifth Circuit declared the error alleged to be insufficiently clear. To support the point, it noted a circuit split on the question of § 922( g)(1)'s constitutionality. That split turns on whether § 922(g)(1) is sufficiently similar to Founding Era surety laws and other laws disarming groups perceived to be dangerous. Those same arguments are now before the Court in United States v. Rahimi , No. 22 -915.

The question presented is:

Whether a ruling in Mr. Rahimi's favor would affect the Fifth Circuit's plain -error analysis concerning the constitutionality of § 922( g)(1).

Question Presented (AI Summary)

Whether a ruling in Mr. Rahimi's favor would affect the Fifth Circuit's plain-error analysis concerning the constitutionality of § 922(g)(1)

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.
2024-05-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 7, 2024)

Attorneys

Demarcus Deon Staples
Taylor Wills Edwards BrownFederal Public Defender, N.D. Tex., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent