No. 22-6315

Iklas Richard Davis v. United States

Lower Court: Third Circuit
Docketed: 2022-12-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: commerce-clause criminal-law criminal-statute due-process federalism felon-in-possession rehaif-v-united-states scienter supreme-court-precedent
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Does the Third Circuit's presumption that 18 U.S.C. § 922(g)(1) defendants knew of their prohibiting status conflict with Rehaif?

Question Presented (OCR Extract)

question presented is: Does the Third Circuit’s creation of a presumption that all individuals convicted of 18 U.S.C. § 922(g)(1) (felon in possession), knew of their relevant status conflict with Supreme Court precedent and essentially eliminate the knowledge element just established by this Court in Rehaif? 2. In recent decisions, this Court and individual Justices have expressed its growing discomfort with the expansion of federal criminal statutes into an area expressly reserved to state police power, by issuing opinions striking down federal criminal statutes that failed to have a bona fide interstate commerce nexus. This is particularly the case in areas that are in fact sufficiently being regulated by the states. The question presented is: Does the federal Unlawful Felon in Possession of a Firearm statute (18 U.S.C. § 922(g)(1)) exceed Congress’s authority to regulate under the Commerce Clause? 1 OTHER PARTIES AND CORPORATE DISCLOSURE There are no

Docket Entries

2023-02-21
Petition DENIED.
2023-01-12
DISTRIBUTED for Conference of 2/17/2023.
2023-01-10
Waiver of right of respondent United States to respond filed.
2022-12-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2023)

Attorneys

Iklas Davis
Gabrielle LeeOffice of the Federal Public Defender, Petitioner
Gabrielle LeeOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent