No. 18-7602

Percy Elwayne Demerson v. United States

Lower Court: Fifth Circuit
Docketed: 2019-01-28
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 18-usc-922g1 alderman-v-united-states bond-v-united-states commerce-clause congressional-authority constitutional-limits criminal-law felon-in-possession national-federation-of-independent-business-v-sebe police-power statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-02-22
Question Presented (AI Summary)

Does the federal Unlawful Felon in Possession of a Firearm statute (18 U.S.C. § 922(g)(1)) exceed Congress's authority to regulate under the Commerce Clause?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Recently this Court and individual Justices have increasingly explained that Congress’s power under the Commerce Clause to criminalize conduct otherwise falling under the states’ traditional police power is subject to limits. Q: In light of Bond v. United States,’ Nat'l Fed’n of Indep. Bus. v. Sebelius,” and the dissent from denial of certiorari in Alderman v. United States,’ does the federal Unlawful Felon in Possession of a Firearm statute (18 U.S.C. § 922(g)(1)) exceed Congress’s authority to regulate under the Commerce Clause? 1 U.S. _, 134 S.Ct. 2077 (2014). 2 US. _, 132 S.Ct. 2566 (2012) (NFIB). 7131S. Ct. 700, 701 (Thomas and Scalia, JJ., dissenting from denial of certiorari), citing United States v. Lopez, 514 U.S. 549, 558-559 (1995). ii PARTIES Percy Elwayne Demerson is the Petitioner; he was the defendant-appellant below. The United States of America is the Respondent; it was the plaintiff-appellee below. iii

Docket Entries

2019-02-25
Petition DENIED.
2019-02-07
DISTRIBUTED for Conference of 2/22/2019.
2019-02-04
Waiver of right of respondent United States of America to respond filed.
2019-01-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 27, 2019)

Attorneys

Percy Elwayne Demerson
Christopher A. CurtisFederal Public Defender's Office, Petitioner
Christopher A. CurtisFederal Public Defender's Office, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent