No. 23-7653

Tayron Deshawn Thomas v. United States

Lower Court: Fifth Circuit
Docketed: 2024-06-06
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 2nd-amendment civil-rights commerce-clause constitutional-challenge criminal-law due-process federal-criminal-law firearm-possession interstate-commerce second-amendment standing statutory-interpretation
Latest Conference: 2024-09-30
Question Presented (from Petition)

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?

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.S.__, 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
Range%20Pet%2010.5.pdf , last visited May 20,
2024.

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

2024-10-07
Petition DENIED.
2024-06-20
DISTRIBUTED for Conference of 9/30/2024.
2024-06-14
Waiver of right of respondent United States to respond filed.
2024-06-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 8, 2024)

Attorneys

Tayron Thomas
Christy Posnett MartinFederal Public Defender-Northern District of Texas, Petitioner
United States
Elizabeth B. Prelogar — Respondent