No. 19-5025

Isaac Thomas v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-07-01
Status: GVR
Type: IFP
IFP
Tags: commerce-clause constitutional-challenge criminal-conviction criminal-law criminal-law-procedure due-process federal-statute firearm-possession firearms rehaif rehaif-v-united-states remand statutory-interpretation united-states-v-lopez
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-10-11
Question Presented (AI Summary)

Whether the Court should grant the petition, vacate the judgment, and remand for further proceedings on Petitioner's 18 U.S.C. § 922(g)(1) conviction in light of Rehaif v. United States

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether the Court should grant the petition, vacate the judgment, and remand for further proceedings on Petitioner’s 18 U.S.C. § 922(g)(1) conviction in light of Rehaif vy. United States, No. 17-9560, 2019 WL 2552487 (U.S. June 21, 2019)? 2. Whether 18 U.S.C. § 922(q)(2)(A) is unconstitutional facially and as applied to the purely intrastate conduct of possessing a firearm within a school zone, because the statute suffers from the same infirmities that led the Court to strike down the earlier version of the statute in United States v. Lopez, 514 U.S. 549 (1995)? 3. Whether 18 U.S.C. § 922(g)(1) exceeds Congress’s Commerce Clause power, facially and as applied to the purely intrastate conduct of possessing a firearm and ammunition as a convicted felon? i

Docket Entries

2019-11-18
JUDGMENT ISSUED.
2019-10-15
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Rehaif v. United States, 588 U. S. ___ (2019).
2019-09-19
DISTRIBUTED for Conference of 10/11/2019.
2019-08-30
Memorandum of respondent United States of America filed.
2019-07-25
Motion to extend the time to file a response is granted and the time is extended to and including August 30, 2019.
2019-07-24
Motion to extend the time to file a response from July 31, 2019 to August 30, 2019, submitted to The Clerk.
2019-06-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 31, 2019)

Attorneys

Isaac Thomas
M. Allison GuagliardoOffice of the Federal Defender, Petitioner
M. Allison GuagliardoOffice of the Federal Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent