No. 23-7160

John Michael Carrasco v. United States

Lower Court: Fifth Circuit
Docketed: 2024-04-08
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 2nd-amendment constitutional-challenge criminal-statute due-process federal-criminal-law firearm-possession interstate-commerce second-amendment standing statutory-interpretation
Key Terms:
SecondAmendment JusticiabilityDoctri
Latest Conference: 2024-05-09
Question Presented (AI Summary)

Whether 18 U.S.C. § 922(g) permits conviction for the possession of any firearm that has ever crossed state lines at any time in the indefinite past, and, if so, if it is facially unconstitutional?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether 18 U.S.C. § 922(g) permits conviction for the possession of any firearm that has ever crossed state lines at any time in the indefinite past, and, if so, if it is facially unconstitutional? 2. Whether 18 U.S.C. § 922(g)(1) comports with the Second Amendment? 3. Subsidiary Question: Whether this Court should hold the instant Petition pending United States v. Rahimi, cert. granted, 143 S. Ct. 2688 (No. 22-915) (oral argument heard Nov. 7, 2023), given the government’s concession in its Petition for Certiorari in Garland v. Range, (No. 23-374) that Rahimi presents “closely related Second Amendment issues” with respect to constitutional challenges to 18 U.S.C. § 922(g)(1), and urges this Court to “hold the petition for a writ of certiorari’ in Range “pending its decision Rahimi[?]?1 1 See Petition for Certiorari, Garland v. Range, (No. 23-374), at 7 (Filed October 5, 2023), available at i

Docket Entries

2024-05-13
Petition DENIED.
2024-04-18
DISTRIBUTED for Conference of 5/9/2024.
2024-04-10
Waiver of right of respondent United States to respond filed.
2024-04-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 8, 2024)

Attorneys

John Carrasco
Kevin Joel PageFederal Public Defenders Office, Petitioner
Kevin Joel PageFederal Public Defenders Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent