No. 24-7053

Valente Brito, Jr. v. United States

Lower Court: Fifth Circuit
Docketed: 2025-04-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certiorari-petition fifth-circuit firearms-conviction plain-error-review second-amendment supreme-court-precedent
Key Terms:
SecondAmendment
Latest Conference: 2025-05-29
Question Presented (AI Summary)

Did the Fifth Circuit err in denying petitioner's argument that his federal firearms-related conviction violated the Second Amendment under plain error review, even after the issuance of recent Second Amendment opinions from this Court that substantially altered this area of law, and considering that there are seven other certiorari petitions pending in this Court on this issue?

Question Presented (OCR Extract)

No question identified. : Question Pr esented for Review Did the Fifth Circuit err in denying petitione r’s argum ent that his federal firearms-related convic tion viola ted the Second Amendment unde r plain error review, even after the issua nce of recent Second Amendment opinions from this Court that substa ntially altered this area of law, and conside ring that there are seven other certiora ri petitions pending in this C ourt on this issue ? i List of Par ties The names of the parties are listed in the caption of this case. The Judgm ent in a Criminal Case was imposed by the Hon. David Counts, Unite d States Distric t Judge for the Western Distric t of Texas, Midland-Ode ssa Division. The panel of the Unite d States Court of Appe als for the Fifth Circuit at New Orleans, Louisia na, whic h conside red petitione r’s appeal and issue d an unpublishe d per curiam opinion, consiste d of Fifth Circuit Judge s James E. Graves, Jr., Don R. Willett, and Cory T. Wilson. ii Table of Conte nts Question Pre sented for R eview. i List of Pa rties. ii

Docket Entries

2025-06-27
Petition of Valente Brito, Jr. for rehearing submitted.
2025-06-02
Petition DENIED.
2025-05-14
DISTRIBUTED for Conference of 5/29/2025.
2025-05-08
Waiver of United States of America of right to respond submitted.
2025-05-08
Waiver of right of respondent United States of America to respond filed.
2025-04-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 22, 2025)

Attorneys

United States of America
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Valente Brito, Jr.
Gregory Don Sherwood — Petitioner
Gregory Don Sherwood — Petitioner