No. 23-5726

John Holden v. United States

Lower Court: Seventh Circuit
Docketed: 2023-10-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-922 2nd-amendment bruen bruen-test constitutional-review felony-indictment firearm-prohibition material-false-statement materiality-standard second-amendment
Key Terms:
SocialSecurity SecondAmendment
Latest Conference: 2023-11-09
Question Presented (AI Summary)

Is the criminal prohibition on the receipt of a firearm by a person under felony indictment (18 U.S.C. § 922(n)) constitutional under the Second Amendment in light of the new standard for Second Amendment cases announced in New York State Rifle & Pistol Ass'n v. Bruen, 142 S. Ct. 2111 (June 23, 2022)?

Question Presented (from Petition)

QUESTIONS PRESENTED Question 1: Is the criminal prohibition on the receipt of a firearm by a person under felony indictment (18 U.S.C. § 922(n)) constitutional under the Second Amendment in light of the new standard for Second Amendment cases announced in New York State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (June 23, 2022)? Question 2: Are persons under felony indictment not considered part of “the people” as referenced in and protected by the Second Amendment? Question 3: Must an alleged false statement by a defendant charged in 18 U.S.C. § 922(a)(6) be “material to the lawfulness of the sale or other disposition of” the firearm in order to be held criminally liable under the statute or is it enough, as held by the appellate panel in this case, that the alleged false statement only to have “a natural tendency to influence, or be capable of influencing, the decision of the decision-making body to which it was addressed”? 2 Parties to Case 1. John Holden 2. United States of America List of All Prior Proceedings 1. United States of America v. John Holden, No. 3:22-CR-30-RLM (U.S. District Court, Northern District of Indiana). Judgment dated October 31, 2022. 2. United States of America v. John Holden, No. 22-3160 (U.S. Court of Appeals for the Seventh Circuit). Original opinion dated June 16, 2023. Petition for Rehearing En Banc denied July 14, 2023. 3

Docket Entries

2023-11-13
Petition DENIED.
2023-10-25
DISTRIBUTED for Conference of 11/9/2023.
2023-10-18
Waiver of right of respondent United States of America to respond filed.
2023-10-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 6, 2023)

Attorneys

John holden
Donald J. SchmidLaw Offices of Donald J. Schmid LLC, Petitioner
Donald J. SchmidLaw Offices of Donald J. Schmid LLC, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent