No. 24-5997
Torrence Denard Whitaker v. United States
Tags: as-applied-challenge bruen-methodology circuit-split rahimi-standard second-amendment statutory-interpretation
Key Terms:
SecondAmendment
SecondAmendment
Latest Conference:
2025-02-21
Question Presented (from Petition)
(1) Whether after New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022)
and United States v. Rahimi, 602 U.S. __, 144 U.S. 144 S.Ct. 1889 (2024), a criminal defendant
may raise an as-applied Second Amendment challenge to 18 U.S.C. § 922(g)(1).
(2) If so, whether under the Bruen/Rahimi methodology, the Second Amendment is
unconstitutional as applied to a defendant like Petitioner with only non-violent priors.
Question Presented (AI Summary)
Whether after Bruen and Rahimi, a criminal defendant may raise an as-applied Second Amendment challenge to 18 U.S.C. § 922(g)(1) and if so, whether the statute is unconstitutional as applied to a defendant with only non-violent priors
Docket Entries
2025-03-28
Judgment Issued.
2025-02-24
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>United States</i> v. <i>Rahimi</i>, 602 U. S. 680 (2024).
2025-01-30
DISTRIBUTED for Conference of 2/21/2025.
2025-01-27
Reply of Torrence Denard Whitaker submitted.
2025-01-27
Reply of petitioner Torrence Denard Whitaker filed. (Distributed)
2025-01-17
Memorandum for the United States of United States submitted.
2025-01-17
Memorandum of respondent United States filed.
2024-12-12
Motion to extend the time to file a response is granted and the time is extended to and including January 21, 2025.
2024-12-10
Motion of United States for an extension of time submitted.
2024-12-10
Motion to extend the time to file a response from December 20, 2024 to January 21, 2025, submitted to The Clerk.
2024-11-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2024)
Attorneys
Torrence Denard Whitaker
M. Caroline McCrae — Federal Public Defender, Petitioner
Brenda Greenberg Bryn — Federal Public Defender, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent
Sarah M. Harris — Acting Solicitor General, Respondent