No. 24-6713

Elmer Alexis Montano Fuentes v. United States

Lower Court: Fifth Circuit
Docketed: 2025-03-06
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: commerce-clause congressional-power criminal-law firearm-possession interstate-commerce state-jurisdiction
Latest Conference: 2025-03-28
Question Presented (AI Summary)

Whether Congress may criminalize intrastate possession of a firearm solely because it crossed state lines at some point before it came into the defendant's possession

Question Presented (from Petition)

I. Whether Congress may criminalize intrastate possession of a firearm solely because it crossed state lines at some point before it came into the defendant’s possession.

Docket Entries

2025-03-31
Petition DENIED.
2025-03-13
DISTRIBUTED for Conference of 3/28/2025.
2025-03-10
Waiver of United States of right to respond submitted.
2025-03-10
Waiver of right of respondent United States to respond filed.
2025-03-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 7, 2025)

Attorneys

Elmer Alexis Montano Fuentes
Taylor Wills Edwards BrownFederal Public Defender, N.D. Tex., Petitioner
Taylor Wills Edwards BrownFederal Public Defender, N.D. Tex., Petitioner
United States
Sarah M. HarrisActing Solicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent