No. 18-6222

Donte Timothy Bacon v. United States

Lower Court: Sixth Circuit
Docketed: 2018-10-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: as-applied-challenges class-v-united-states commerce-clause constitutional-challenge constitutional-law criminal-procedure de-novo district-of-colombia-v-heller federal-criminalization federal-jurisdiction federal-prosecution firearm-regulation guilty-plea interstate-commerce intrastate-firearm-possession intrastate-firearm-sale plain-error second-amendment standard-of-review statutory-interpretation unconditional-guilty-plea united-states-v-lopez
Key Terms:
SecondAmendment JusticiabilityDoctri
Latest Conference: 2018-11-02
Question Presented (AI Summary)

Whether as-applied constitutional challenges to statutes of conviction are waived by an unconditional guilty plea, and the standard of review

Question Presented (OCR Extract)

QUESTIONS PRESENTED Following an unconditional guilty plea, Mr. Bacon was convicted federally of a non-violent, wholly intrastate sale of a handgun and wholly intrastate possession of a handgun with an obliterated serial number in Michigan. The only basis to federally prosecute Mr. Bacon was because the two firearms had, at some point in time, crossed state lines. The questions presented are: I. Consistent with Class v. United States, 583 U.S. __, 138 S.Ct. 798 (2018), are as-applied constitutional challenges to statutes of conviction waived by an unconditional guilty plea, and is the standard of review de novo or plain-error? II. Consistent with District of Colombia v. Heller, 554 U.S. 570 (2008), and United States v. Lopez, 514 U.S. 549 (1995), does Congress have authority to federally criminalize a wholly intrastate firearm sale and possession based only on the minimal showing that the firearms, at some point in time, traveled in interstate commerce? i

Docket Entries

2018-11-05
Petition DENIED.
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-10
Waiver of right of respondent United States to respond filed.
2018-09-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 5, 2018)
2018-07-16
Application (18A57) granted by Justice Kagan extending the time to file until September 15, 2018.
2018-07-03
Application (18A57) to extend the time to file a petition for a writ of certiorari from July 17, 2018 to September 15, 2018, submitted to Justice Kagan.

Attorneys

Donte Timothy Bacon
Stephen Ross JohnsonRitchie, Dillard, Davies & Johnson, P.C., Petitioner
Stephen Ross JohnsonRitchie, Dillard, Davies & Johnson, P.C., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent