No. 24-6738

Steven Dewayne Barnes, Jr. v. United States

Lower Court: Eleventh Circuit
Docketed: 2025-03-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure firearm-possession reasonable-suspicion second-amendment sentencing-enhancement terry-stop
Key Terms:
FourthAmendment SecondAmendment CriminalProcedure Privacy
Latest Conference: 2025-04-04
Question Presented (AI Summary)

Whether law enforcement can conduct a Terry stop based on subjective factors without specific evidence of criminal activity, and whether a sentencing enhancement for firearm possession constitutes impermissible double counting and violates Second Amendment rights

Question Presented (OCR Extract)

1. The Eleventh Circuit erred in concluding that officers had reasonable suspicion to conduct a Terry stop and frisk based on ambiguous and subjective factors, such as Petitioner’s alleged nervousness and body posture, in the absence of specific, articulable facts linking Petitioner to criminal activity. 2. The Eleventh Circuit erred in upholding the district court’s application of a four-level sentencing enhancement under U.S.S.G. § 2K2.1(b)(6)(B) for possession of a concealed firearm, thereby engaging in impermissible double counting and violating Petitioner’s Second Amendment rights under New York State Rifle & Pistol Ass’n v. Bruen , 597 US 1 (2022).

Docket Entries

2025-04-07
Petition DENIED.
2025-03-20
DISTRIBUTED for Conference of 4/4/2025.
2025-03-18
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 10, 2025)

Attorneys

Steven Barnes
Joseph Asher DavidowWillis & Davidow, LLC, Petitioner
United States
Sarah M. HarrisActing Solicitor General, Respondent