No. 23-6278

Devontae Nykel Racliff v. United States

Lower Court: Fifth Circuit
Docketed: 2023-12-15
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: 2nd-amendment bruen-standard criminal-law criminal-statute due-process federal-jurisdiction firearm-possession interstate-commerce second-amendment sentencing sentencing-guidelines statutory-interpretation
Key Terms:
SecondAmendment
Latest Conference: 2024-04-12 (distributed 2 times)
Question Presented (AI Summary)

Whether 18 U.S.C. § 922(g)(1) violates the Second Amendment under New York State Rifle & Pistol Association, Inc. v. Bruen, 142 S. Ct. 2111 (2022)

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether 18 U.S.C. § 922(g)(1) violates the Second Amendment under New York State Rifle & Pistol Association, Inc. v. Bruen, 142 8. Ct. 2111 (2022). 2. Whether Congress may criminalize intrastate possession of a firearm solely because the firearm crossed state lines at some point before the defendant came to possess it. 3. Whether this Court should grant certiorari, vacate the judgment below, and remand for the Fifth Circuit to reconsider precedent defining the enumerated offense of “robbery” under U.S. SENT’G COMM’N, GUIDELINES MANUAL §4B1.2 (Nov. 2021) (“USSG”) contrary to Amendment 822’s definition. i

Docket Entries

2024-04-15
Petition DENIED.
2024-03-21
DISTRIBUTED for Conference of 4/12/2024.
2024-03-11
Reply of petitioner Devontae Racliff filed.
2024-02-29
Brief of respondent United States in opposition filed.
2024-02-01
Motion to extend the time to file a response is granted and the time is extended to and including March 6, 2024.
2024-01-31
Motion to extend the time to file a response from February 5, 2024 to March 6, 2024, submitted to The Clerk.
2024-01-05
Response Requested. (Due February 5, 2024)
2024-01-04
DISTRIBUTED for Conference of 1/19/2024.
2023-12-29
Waiver of right of respondent United States to respond filed.
2023-12-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 16, 2024)

Attorneys

Devontae Racliff
Maria Gabriela VegaOffice of the Federal Public Defender, NDTX, Petitioner
Maria Gabriela VegaOffice of the Federal Public Defender, NDTX, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent