No. 25-6169

Elias Xavier Rosario Torres v. United States

Lower Court: Eleventh Circuit
Docketed: 2025-11-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split criminal-procedure firearm-statute mandatory-minimum mens-rea statutory-interpretation
Latest Conference: 2026-01-09
Question Presented (AI Summary)

Whether the presumption of mens rea applies to 18 U.S.C. § 924(c)(1)(B)(ii) requiring the government to prove a defendant knew of a firearm's automatic capability before imposing a decades-long mandatory minimum sentence

Question Presented (OCR Extract)

A person who is convicted under 18 U.S.C. § 924(c) of possession of a firearm in furtherance of a crime of violence or drug trafficking crime, but whose firearm qualifies under federal law as a machinegun , faces a mandatory 30 -year consecutive sentence, rather than the statute’s otherwise applicable 5 -year , 7-year , and 10-year consecutive penalties. Compare 18 U.S.C. § 924(c)(1)(B)(ii) , with id . § 924(c)(1)(A)(i) -(iii). In the D.C. and Eleventh Circuits, the automatic nature of the weapon is a strict liability element , while in the First Circuit , the government must prove the defendant knew it was a machinegun. The question presented is whether the presumption of mens rea applies to 18 U.S.C. § 924(c)(1)(B)(ii) requiring the government to prove that a defendant knew of the automatic capability of a firearm before subjecting the defendant to a consecutive, decades -long mandatory minimum sentence .

Docket Entries

2026-01-12
Petition DENIED.
2025-12-11
DISTRIBUTED for Conference of 1/9/2026.
2025-12-03
Waiver of United States of right to respond submitted.
2025-12-03
Waiver of right of respondent United States to respond filed.
2025-11-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 19, 2025)

Attorneys

Elias Xavier Rosario Torres
Jenny L DevineOffice of the Federal Defender, Petitioner
Jenny L DevineOffice of the Federal Defender, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent