No. 22-7157

Andreqio Stevens v. United States

Lower Court: Sixth Circuit
Docketed: 2023-03-30
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: 2nd-amendment commerce-clause criminal-law criminal-statute due-process federal-jurisdiction firearm-possession interstate-transportation jurisdictional-element prohibited-persons statutory-interpretation
Key Terms:
CriminalProcedure
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Does the different language used by Congress as to the possession crime require a jury to find more than a prior shipping or transportation of the firearm across state lines?

Question Presented (OCR Extract)

QUESTION PRESENTED 18 U.S.C. § 922(g) criminalizes three different offenses relating to a firearm for “prohibited persons”: transporting a firearm, possessing a firearm, and receiving a firearm. Moreover, Congress has written a different commerce clause jurisdictional element for each offense: the text for transporting and receiving offenses requires the Government to prove that the firearm was “shipped or transported in interstate or foreign commerce,” while possession of a firearm must be proven to be “in or affecting commerce.” Does the different language used by Congress as to the possession crime require a jury to find more than a prior shipping or transportation of the firearm across state lines? ii RELATED CASES Pursuant to Supreme Court Rule 14(1)(b) (ii), Petitioner submits the following cases which are directly related to this Petition: none iti

Docket Entries

2023-10-02
Petition DENIED.
2023-06-15
DISTRIBUTED for Conference of 9/26/2023.
2023-06-12
Reply of petitioner Andreqio Stevens filed. (Distributed)
2023-05-31
Brief of respondent United States in opposition filed.
2023-04-26
Motion to extend the time to file a response is granted and the time is extended to and including May 31, 2023.
2023-04-25
Motion to extend the time to file a response from May 1, 2023 to May 31, 2023, submitted to The Clerk.
2023-03-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 1, 2023)

Attorneys

Andreqio Stevens
Kevin Michael SchadOffice of the Federal Public Defender , Petitioner
Kevin Michael SchadOffice of the Federal Public Defender , Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent