No. 25-935

United States v. Kevin LaMarcus Mitchell

Lower Court: Fifth Circuit
Docketed: 2026-02-06
Status: Pending
Type: Paid
Experienced Counsel
Tags: constitutional-challenge controlled-substance criminal-conviction federal-statute firearm-possession second-amendment
Key Terms:
SecondAmendment DueProcess Punishment Securities JusticiabilityDoctri
Latest Conference: N/A
Question Presented (from Petition)

Whether 18 U.S.C. 922(g)(1), the federal statute that prohibits the possession of a firearm by a person who has been convicted of a crime punishable by imprisonment for a term exceeding one year, violates the Second Amendment as applied to a defendant with a predicate conviction under 18 U.S.C. 922(g)(3), which prohibits the possession of a firearm by an unlawful user of a controlled substance.

Question Presented (AI Summary)

Whether 18 U.S.C. 922(g)(1) prohibiting firearm possession by persons with certain criminal convictions violates the Second Amendment as applied to defendants with predicate convictions for unlawful drug use

Docket Entries

2026-02-20
Motion to extend the time to file a response is granted and the time is extended to and including April 8, 2026.
2026-02-19
Motion of Kevin LaMarcus Mitchell for an extension of time submitted.
2026-02-19
Motion to extend the time to file a response from March 9, 2026 to April 8, 2026, submitted to The Clerk.
2026-02-05
Petition for a writ of certiorari filed. (Response due March 9, 2026)

Attorneys

Kevin LaMarcus Mitchell
Victoria Elizabeth McIntyreOffice of the Federal Public Defender, Respondent
United States
D. John SauerSolicitor General, Petitioner