No. 23-6602

Sylvester Cunningham v. United States

Lower Court: Eighth Circuit
Docketed: 2024-01-29
Status: GVR
Type: IFP
Relisted (2)IFP Experienced Counsel
Tags: 2nd-amendment as-applied-challenge bruen circuit-split constitutional-challenge criminal-statute felon-in-possession felon-possession firearms-possession second-amendment statutory-interpretation
Key Terms:
SecondAmendment
Latest Conference: 2024-07-01 (distributed 2 times)
Question Presented (AI Summary)

Whether 18 U.S.C. § 922(g)(1) is unconstitutional as applied

Question Presented (OCR Extract)

QUESTION PRESENTED Whether, as the Eighth Circuit held, 18 U.S.C. § 922(g)(1) (which prohibits any felon from possessing firearms) is invariably constitutional as applied to any defendant, no matter the case-specific circumstances?! 1 A petition for writ of certiorari was filed on the same issue in Edell Jackson v. United States, 236170. 5

Docket Entries

2024-08-05
Judgment Issued.
2024-07-02
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>United States</i> v. <i>Rahimi</i>, 602 U. S. ___ (2024).
2024-06-28
DISTRIBUTED for Conference of 7/1/2024.
2024-06-24
Supplemental Brief of United States submitted.
2024-04-18
DISTRIBUTED for Conference of 5/9/2024.
2024-03-29
Brief of respondent United States filed.
2024-02-22
Motion to extend the time to file a response is granted and the time is extended to and including March 29, 2024.
2024-02-21
Motion to extend the time to file a response from February 28, 2024 to March 29, 2024, submitted to The Clerk.
2024-01-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 28, 2024)
2023-12-18
Application (23A406) granted by Justice Kavanaugh extending the time to file until January 27, 2024.
2023-12-14
Application (23A406) to extend further the time from December 28, 2023 to January 27, 2024, submitted to Justice Kavanaugh.
2023-11-06
Application (23A406) granted by Justice Kavanaugh extending the time to file until December 28, 2023.
2023-11-02
Application (23A406) to extend the time to file a petition for a writ of certiorari from November 28, 2023 to December 28, 2023, submitted to Justice Kavanaugh.

Attorneys

Sylvester Cunningham
Heather Rae QuickFederal Public Defender Office - Iowa, Petitioner
United States
Elizabeth B. Prelogar — Respondent