No. 21-5540

Guadalupe Urbina-Rodriguez v. United States

Lower Court: Eighth Circuit
Docketed: 2021-08-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-922g1 18-usc-924a2 8th-amendment 8th-circuit carachuri-rosendo-v-holder criminal-firearm-possession criminal-history eighth-circuit-precedent felony-enhancement second-amendment-rights sentencing-interpretation statutory-construction
Key Terms:
DueProcess SecondAmendment
Latest Conference: 2021-10-08
Question Presented (AI Summary)

whether-prior-offenses-constitute-felony-for-enhanced-sentence

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. Because Urbina-Rodriguez was never actually sentenced to serve a term of imprisonment that exceeds one year, by the State of Missouri's court based on. criminal history. Did the Eighth Circuit's panel correctly determine it was proper for the district court to consider his prior offenses a felony for purpose of 18 U.S.C. §§922(g)(1); 924(a)(2) enhanced sentence? Specifically, Count..3: charged that he possessed the firearm after having been previously convicted of an offense punishable by a sentence more than one year term of imprisonment, in violation of 18 U.S.C. §922(g)(1). Id. (Doc.1). Il. Based upon pro se Petitioner's judgment, the evidence in the record is silent regarding the actually term of imprisonment served by the Petitioner. Is the Panel decision contrary to this Court's precedent cases decision(s): Carachuri-Rosendo v. Holder, 130 S.Ct. 2277 (2010); Haltiwanger v. United States, 139 S.Ct. 81 (2010); Rehaif v. United States, I39 S.Ct. 2151 (2019)? And or [Is] the district court's judgment in conflict and contrary to the Eighth Circuit's precedent cases decision(s) in: United States v. McDonald, 826 F.3d 1066, 1072 (8th Cir. 2016); United States v. Warren, 951 F.3d 946, 951 (8th Cir. 2020). tit. Should Second Amendment Rights be advanced to permit exconvicted-felon to:.possess firearm for: ['personal protection']_ of their home in the inter-city, or their home on their farm, or their home on the ranch? ii [W All parties appear in the caption of the case on the cover page. { ] All parties do not appear in the caption of the case on the cover page. A list of all

Docket Entries

2021-10-12
Petition DENIED.
2021-09-16
DISTRIBUTED for Conference of 10/8/2021.
2021-09-10
Waiver of right of respondent United States to respond filed.
2021-07-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 30, 2021)

Attorneys

Guadalupe Urbina-Rodriguez
Guadalupe Urbina-Rodriguez — Petitioner
Guadalupe Urbina-Rodriguez — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent