No. 24-5951

Manuel Moya v. United States

Lower Court: Fifth Circuit
Docketed: 2024-11-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-challenge felon-ban firearm-possession plain-error second-amendment statutory-interpretation
Latest Conference: 2024-12-06
Question Presented (from Petition)

Because the restriction contained in 18 U.S.C. § 922 (g)(1) implicates the right to bear arms and lacks historical analog, is the lifetime ban of possession of a firearm by all felons facially unconstitutional?

Does a district court plainly error when it enters a judgment of conviction for an offense under 18 U.S.C. § 922 (g)(1) as the unconstitutional nature of this statute affects the substantial rights of a criminal defendant?

Question Presented (AI Summary)

Whether a lifetime ban on firearm possession for felons under 18 U.S.C. § 922(g)(1) is facially unconstitutional given the lack of a historical analog and its impact on Second Amendment rights

Docket Entries

2024-12-09
Petition DENIED.
2024-11-20
DISTRIBUTED for Conference of 12/6/2024.
2024-11-18
Waiver of right of respondent United States to respond filed.
2024-11-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 12, 2024)

Attorneys

Manuel Moya
Brian James NewmanLaw Office of Brian J. Newman, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent