No. 25-5338

Avontae Guiden v. United States

Lower Court: Fifth Circuit
Docketed: 2025-08-13
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: bruen-analysis firearm-possession historical-justification probation-status second-amendment statutory-interpretation
Key Terms:
SecondAmendment FourthAmendment Privacy
Latest Conference: 2025-11-14
Question Presented (AI Summary)

Whether an individual's probation or supervised release status categorically strips them of Second Amendment protection under 18 U.S.C. § 922(g)(1), or whether courts must apply Bruen's historical analysis to determine if the specific predicate offense historically justified disarmament

Question Presented (OCR Extract)

1. Whether an individual ’s probation or supervised release status categorically strips them of Second Amendment protection under 18 U.S.C. § 922(g)(1), or whether courts must apply Bruen’s historical analysis to determine if the specific predicate offense historically justified disarmament, as required by the Fifth Circuit ’s decision in United States v. Diaz ? 2. Is the lifetime ban on possession of firearms by all felons, codified at 18 U.S.C. § 922(g)(1), plainly unconstitutional on its face under Bruen because it is permanent and applies to all persons convicted of felonies?

Docket Entries

2025-11-17
Petition DENIED.
2025-10-30
DISTRIBUTED for Conference of 11/14/2025.
2025-10-14
Memorandum For The United States In Opposition of United States submitted.
2025-10-14
Memorandum of respondent United States filed.
2025-09-09
Motion to extend the time to file a response is granted and the time is extended to and including October 14, 2025.
2025-09-08
Motion of United States for an extension of time submitted.
2025-09-08
Motion to extend the time to file a response from September 12, 2025 to October 14, 2025, submitted to The Clerk.
2025-08-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 12, 2025)

Attorneys

Avontae Guiden
Dustin TalbotFederal Public Defender, Petitioner
Dustin TalbotFederal Public Defender, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent