No. 24-6823

Thomas Caves v. United States

Lower Court: Second Circuit
Docketed: 2025-03-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-review criminal-procedure felon-in-possession firearm-statute plain-error second-circuit
Key Terms:
SecondAmendment
Latest Conference: 2025-04-17
Question Presented (AI Summary)

Whether the United States Court of Appeals for the Second Circuit erred by applying its plain error standard to affirm a judgment of conviction for felon in possession of a firearm

Question Presented (from Petition)

Whether the United States Court of Appeals for the Second Circuit erred by applying its plai n error standard to affirm the judgment of conviction and sentence pronounced by the United States District Court for the Northern Dist rict of New York on his plea of guilty to one count of Possession of a Firearm by a Prohibited Person in violation of 18 U.S.C. §§ 922(g)(1) an d 924(a)(2), the felon in possession statute, notwithstanding precedent from this Court which rendered iiobsolete the Second Circuit’s prior decisions upholding the constitutionality of the felo n in possession statute.

Docket Entries

2025-04-21
Petition DENIED.
2025-03-27
DISTRIBUTED for Conference of 4/17/2025.
2025-03-25
Waiver of United States of right to respond submitted.
2025-03-25
Waiver of right of respondent United States to respond filed.
2025-03-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 21, 2025)

Attorneys

Thomas Caves
Peter J TomaoPeter J. Tomao, Esq., Petitioner
Peter J TomaoPeter J. Tomao, Esq., Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent