No. 20-6791
Alvin Christopher Penn v. United States
Tags: affirmative-defense commerce-clause constitutional-law criminal-law felon-in-possession interstate-commerce minimal-nexus united-states-v-bailey united-states-v-lopez united-states-v-scarborough
Key Terms:
SocialSecurity Securities Immigration
SocialSecurity Securities Immigration
Latest Conference:
2021-04-16
Question Presented (AI Summary)
Whether United States v. Lopez, 514 U.S. 549 (1995), compels overruling Scarborough v. United States, 431 U.S. 563 (1977)
Question Presented (OCR Extract)
QUESTIONS PRESENTED 1. Whether United States v. Lopez, 514 U.S. 549 (1995), compels overruling Scarborough v. United States, 431 U.S. 563 (1977), which requires only a minimal nexus to interstate commerce to sustain Congress’s exercise of its Commerce Clause power. 2. Whether, under this Court’s decision in United States v. Bailey, 444 U.S. 394 (1980), a felon who flees from law enforcement before discarding a firearm is precluded as a matter of law from presenting an affirmative defense of justification for his unlawful possession of the gun. (i)
Docket Entries
2021-04-19
Petition DENIED.
2021-03-25
DISTRIBUTED for Conference of 4/16/2021.
2021-03-24
Reply of petitioner Alvin Christopher Penn filed. (Distributed)
2021-03-10
Brief of respondent United States in opposition filed.
2021-02-03
Motion to extend the time to file a response is granted and the time is extended to and including March 10, 2021.
2021-02-02
Motion to extend the time to file a response from February 8, 2021 to March 10, 2021, submitted to The Clerk.
2021-01-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 8, 2021)
Attorneys
Alvin Christopher Penn
James Matthew Wright — Office of the Federal Public Defender, Petitioner
James Matthew Wright — Office of the Federal Public Defender, Petitioner
United States
Elizabeth B. Prelogar — Acting Solicitor General, Respondent
Elizabeth B. Prelogar — Acting Solicitor General, Respondent