No. 25-5110

Brandon Michael Elwell v. United States

Lower Court: Tenth Circuit
Docketed: 2025-07-15
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: None
Latest Conference: 2025-09-29
Question Presented (from Petition)

1. Whether the administrative law principles articulated in Kisor v. Wilkie, 588 U.S. 558 (2019), limit the deference owed to the United States Sentencing Commission's commentary on the Sentencing Guidelines?

2. Whether Mr. Elwell's conviction under 18 U.S.C. § 922(g)(1) is plainly unconstitutional under the Second Amendment in light of New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 597 U.S. 1 (2022)?

Question Presented (AI Summary)

Question not identified.

Docket Entries

2025-10-06
Petition DENIED.
2025-07-24
DISTRIBUTED for Conference of 9/29/2025.
2025-07-22
Waiver of United States of right to respond submitted.
2025-07-22
Waiver of right of respondent United States to respond filed.
2025-07-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 14, 2025)

Attorneys

Brandon Elwell
John Carl ArceciOffice of the Federal Public Defender, Petitioner
United States
D. John SauerSolicitor General, Respondent