No. 20-8066

James Hill v. United States

Lower Court: Third Circuit
Docketed: 2021-05-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2nd-amendment commerce-clause constitutional-power criminal-law due-process federal-prosecution federalism firearm-possession interstate-commerce standing statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-06-10
Question Presented (AI Summary)

Whether the federal government may obtain a conviction under 18 U.S.C. § 922(g)(1) based on the purely local possession of a firearm that has previously crossed state lines

Question Presented (from Petition)

QUESTION PRESENTED The federal government has committed petitioner James Hill to prison for a term of years based on testimony he briefly possessed a handgun on the front porch of a row home in Philadelphia. At his trial on a charge that this possession violated 18 U.S.C. § 922(g)(1), Mr. Hill protested that such local conduct is not within the scope of Congress’s power to “regulate Commerce ... among the several States,” nor of any other constitutionally enumerated power. Following Third Circuit precedent construing Scarborough v. United States, 431 U.S. 563 (1977), as binding authority, the district court rejected his challenge. The question presented is: Whether the federal government may obtain a conviction under 18 U.S.C. § 922(g)(1) based on the purely local possession of a firearm that has previously crossed state lines. i

Docket Entries

2021-06-14
Petition DENIED.
2021-05-26
DISTRIBUTED for Conference of 6/10/2021.
2021-05-21
Waiver of right of respondent United States to respond filed.
2021-05-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2021)

Attorneys

James Hill
Keith M. DonoghueFederal Community Defender Office, Eastern District of Pennsylvania, Petitioner
Keith M. DonoghueFederal Community Defender Office, Eastern District of Pennsylvania, Petitioner
McKillip, Emily
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent