No. 24-6290

Brent Howard v. United States

Lower Court: Fifth Circuit
Docketed: 2025-01-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-conviction due-process firearms-possession interstate-commerce second-amendment
Key Terms:
SecondAmendment DueProcess FifthAmendment JusticiabilityDoctri
Latest Conference: 2025-02-21
Question Presented (AI Summary)

Whether 18 U.S.C. § 922(g)(1) violates the Second Amendment and Due Process Clause by prohibiting firearm possession for individuals with prior convictions

Question Presented (OCR Extract)

(1) Whether 18 U.S.C. § 922(g)(1)—the statute that prohibits firearm possession by any person who was previously convicted of “a crime punishable by imprisonment for a term exceeding one year”—violates the Second Amendment. (2) Whether 18 U.S.C. § 922(g)(1) violates the Fifth Amendment Due Process Clause because it burdens the fundamental right of firearms possession and is not narrowly tailored to achieve any compelling government interest. (3) Whether application of 18 U.S.C. § 922(g)(1) to petitioner violated the Commerce Clause where the only proof of a nexus between his firearm possession and interstate commerce consisted of the fact that the firearm had crossed a state line at some point before coming into petitioner’s possession.

Docket Entries

2025-02-24
Petition DENIED.
2025-01-30
DISTRIBUTED for Conference of 2/21/2025.
2025-01-22
Waiver of United States of right to respond submitted.
2025-01-22
Waiver of right of respondent United States to respond filed.
2025-01-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 12, 2025)

Attorneys

Brent Howard
Rosa Victoria Garcia-CrossFederal Public Defender's Office , Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent