No. 21-5559

Selvin Leonell Hernandez v. United States

Lower Court: Fifth Circuit
Docketed: 2021-09-02
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 2nd-amendment commerce-clause criminal-procedure criminal-statute evidence evidentiary-standard federal-law firearm-possession interstate-commerce jurisdictional-element mens-rea
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-10-08
Question Presented (AI Summary)

Whether possession of a firearm is 'in or affecting commerce' when there is no evidence that the defendant moved the firearm across state lines or that it occurred in the recent past?

Question Presented (OCR Extract)

QUESTION PRESENTED Whether possession of a firearm is “in or affecting commerce” when there is no evidence that the defendant moved the firearm across state lines or that it occurred in the recent past? i

Docket Entries

2021-10-12
Petition DENIED.
2021-09-23
DISTRIBUTED for Conference of 10/8/2021.
2021-09-14
Waiver of right of respondent United States of America to respond filed.
Main Document
2021-08-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 4, 2021)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Selvin Hernandez
Brandon Elliott Beck — Federal Public Defender's Office, Northern District of Texas, Petitioner
Brandon Elliott Beck — Federal Public Defender's Office, Northern District of Texas, Petitioner
United States of America
Brian H. Fletcher — Acting Solicitor General, Respondent
Brian H. Fletcher — Acting Solicitor General, Respondent