No. 24-7011

Donald Turner v. United States

Lower Court: First Circuit
Docketed: 2025-04-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review de-novo-review plain-error rule-12 second-amendment sentencing-proceeding
Key Terms:
SecondAmendment
Latest Conference: 2025-05-15
Question Presented (from Petition)

Whether the standard for appellate review of a Second Amendment claim raised before a sentencing proceeding and decided on the merits by the district court over a Rule 12 waiver objection by the government, is subject to de novo review, as Petitioner claimed, or is waived because of alleged untimeliness under Rule 12 as the First Circuit held, or is subject to plain error review as every circuit (including the First Circuit in other cases) has repeatedly held as to claims not made in the trial court.

Question Presented (AI Summary)

Whether the standard for appellate review of a Second Amendment claim raised before a sentencing proceeding and decided on the merits by the district court over a Rule 12 waiver objection by the government, is subject to de novo review, as Petitioner claimed, or is waived because of alleged untimeliness under Rule 12 as the First Circuit held, or is subject to plain error review as every circuit (including the First Circuit in other cases) has repeatedly held as to claims not made in the trial court

Docket Entries

2025-05-19
Petition DENIED.
2025-04-24
DISTRIBUTED for Conference of 5/15/2025.
2025-04-21
Waiver of United States of right to respond submitted.
2025-04-21
Waiver of right of respondent United States to respond filed.
2025-03-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 16, 2025)

Attorneys

Donald Turner
Vivian ShevitzVivian Shevitz, Attorney at Law, Petitioner
United States
D. John SauerSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent