No. 22-6854

Xavier Sims v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-02-23
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: commerce-clause congressional-power criminal-law firearm-possession interstate-commerce precedential-authority scarborough-v-united-states second-amendment statutory-interpretation united-states-v-lopez
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-03-17
Question Presented (AI Summary)

Whether Congress may rely on Scarborough v. United States to criminalize intrastate possession of a firearm on the sole basis that the firearm once moved through interstate commerce

Question Presented (OCR Extract)

QUESTION PRESENTED Whether—in light of intervening authority in United States v. Lopez, 514 U.S. 549 (1995)—Congress may rely on Scarborough v. United States, 431 U.S. 563 (1977), to criminalize intrastate possession of a firearm on the sole basis that the firearm once moved through interstate commerce. i

Docket Entries

2023-03-20
Petition DENIED.
2023-03-02
DISTRIBUTED for Conference of 3/17/2023.
2023-02-27
Waiver of right of respondent United States to respond filed.
2023-02-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 27, 2023)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Xavier Sims
Meghan CollinsOffice of the Federal Public Defender, Petitioner
Meghan CollinsOffice of the Federal Public Defender, Petitioner