No. 23-5095

Marland Maynor v. United States

Lower Court: Fourth Circuit
Docketed: 2023-07-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2nd-amendment constitutional-challenge criminal-law criminal-procedure due-process facial-challenge federal-statute plain-error second-amendment standing
Key Terms:
SecondAmendment HabeasCorpus
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether 18 U.S.C. § 922(g)(1) is facially unconstitutional under the Second Amendment

Question Presented (from Petition)

QUESTIONS PRESENTED L Whether 18 U.S.C. § 922(g)(1) is facially unconstitutional under the Second Amendment. First subsidiary question: Whether the plain-error standard applies to a facial constitutional challenge to a federal penal statute. Second subsidiary question: Whether, at a minimum, this Court should hold this petition pending this Court’s decision in United States v. Rahimi, No. 22-915 (cert. granted June 30, 2023), which will decide whether 18 U.S.C. § 922(g)(8) is facially unconstitutional. Il. Whether the Fourth Circuit fundamentally “departed from the accepted and usual course of judicial proceedings,” Sup. Ct. R. 10(a), by denying petitioner leave to file a supplemental brief raising a new, meritorious issue based on intervening Fourth Circuit precedent decided after the court had granted rehearing in petitioner’s case on a different issue. i

Docket Entries

2023-10-02
Petition DENIED.
2023-07-20
DISTRIBUTED for Conference of 9/26/2023.
2023-07-17
Waiver of right of respondent United States of America to respond filed.
2023-07-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 14, 2023)

Attorneys

Marland Maynor
Brent Evan NewtonAttorney at Law, Petitioner
Brent Evan NewtonAttorney at Law, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent