No. 18-6771

Johny Gardner v. United States

Lower Court: Fifth Circuit
Docketed: 2018-11-21
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: 2nd-amendment commerce-clause congressional-power constitutional-interpretation criminal-law federal-jurisdiction felon-in-possession firearms firearms-regulation second-amendment statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-03-15 (distributed 2 times)
Question Presented (AI Summary)

Whether 18 U.S.C. § 922(g) exceeds Congress's power under the Commerce Clause

Question Presented (from Petition)

QUESTION PRESENTED FOR REVIEW Whether 18 U.S.C. § 922(g), which criminalizes possession of a firearm by a convicted felon, exceeds Congress’s power under the Commerce Clause. No. _ In the Supreme Court of the United States October Term, 2018 JOHNY GARDNER, Petitioner, V. UNITED STATES OF AMERICA PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS OF THE FIFTH CIRCUIT Petitioner Johny Gardner asks that a writ of certiorari issue to review the opinion and judgment entered by the United States Court of Appeals for the Fifth Circuit on August 15, 2018.

Docket Entries

2019-03-18
Petition DENIED.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-02-08
Brief of respondent United States in opposition filed.
2019-01-07
Motion to extend the time to file a response is granted and the time is extended to and including February 8, 2019.
2019-01-03
Motion to extend the time to file a response from January 9, 2019 to February 8, 2019, submitted to The Clerk.
2018-12-10
Response Requested. (Due January 9, 2019)
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-12-03
Waiver of right of respondent United States to respond filed.
2018-11-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 21, 2018)

Attorneys

Johny Gardner
Judy Fulmer MadewellFederal Public Defender, Petitioner
Judy Fulmer MadewellFederal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent