No. 22-76

Keith L. Carnes v. United States

Lower Court: Eighth Circuit
Docketed: 2022-07-26
Status: Denied
Type: Paid
Amici (2) Experienced Counsel
Tags: 2nd-amendment circuit-split controlled-substance controlled-substances criminal-law criminal-statute drug-use due-process firearm-possession firearms statutory-interpretation unlawful-user
Key Terms:
SecondAmendment DueProcess FifthAmendment Immigration JusticiabilityDoctri
Latest Conference: 2022-10-28
Question Presented (AI Summary)

Whether the government must show the defendant's regular or habitual drug use to establish that the defendant is an 'unlawful user' of a controlled substance, or instead may establish that element based on a single incident of drug use on the day of arrest

Question Presented (OCR Extract)

QUESTION PRESENTED Federal law prohibits the possession of a firearm or ammunition by any person who is “an wnlawful user of or addicted to any controlled substance.” 18 U.S.C. § 922(2)(3) (emphasis added). The question presented is: Whether the government, to establish that the defendant is an “unlawful user” of a controlled substance, must show the defendant’s regular or habitual drug use, or instead may establish that element based on a single incident of drug use on the day of arrest. (1)

Docket Entries

2022-10-31
Petition DENIED.
2022-10-12
DISTRIBUTED for Conference of 10/28/2022.
2022-10-11
2022-09-26
Brief of respondent United States in opposition filed.
2022-08-25
2022-08-25
2022-08-18
Motion to extend the time to file a response is granted and the time is extended to and including September 26, 2022.
2022-08-17
Motion to extend the time to file a response from August 25, 2022 to September 26, 2022, submitted to The Clerk.
2022-07-22
Petition for a writ of certiorari filed. (Response due August 25, 2022)
2022-04-12
Application (21A596) granted by Justice Kavanaugh extending the time to file until July 22, 2022.
2022-04-07
Application (21A596) to extend the time to file a petition for a writ of certiorari from May 24, 2022 to July 22, 2022, submitted to Justice Kavanaugh.

Attorneys

Cato Institute
Clark M. Neily IIICato Institute, Amicus
Clark M. Neily IIICato Institute, Amicus
Drug Policy Alliance
Shon Robert HopwoodHopwood & Singhal PLLC, Amicus
Shon Robert HopwoodHopwood & Singhal PLLC, Amicus
Keith Carnes
Allon KedemArnold & Porter Kaye Scholer LLP, Petitioner
Allon KedemArnold & Porter Kaye Scholer LLP, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent