No. 25-6597

Daniel Duane Smith, Jr. v. United States

Lower Court: Tenth Circuit
Docketed: 2026-01-15
Status: Pending
Type: IFP
Response WaivedIFP
Tags: constitutional-validity criminal-law felony-conviction firearm-possession second-amendment statutory-interpretation
Key Terms:
AdministrativeLaw SecondAmendment JusticiabilityDoctri
Latest Conference: 2026-02-20
Related Cases: 25-6594 (Vide)
Question Presented (from Petition)

Whether 18 U.S.C. § 922(g)(1) is constitutionally valid as applied to an individual whose only prior charged felony convictions are non-violent offenses such as Felon in Possession of a Firearm and Ammunition, DUI Drugs & Alcohol (Second Offense), Unlawful Possession of a Controlled Drug, and Home Repair Fraud.

Question Presented (AI Summary)

Whether 18 U.S.C. § 922(g)(1) is constitutionally valid as applied to an individual with non-violent prior felony convictions

Docket Entries

2026-01-29
DISTRIBUTED for Conference of 2/20/2026.
2026-01-26
Waiver of United States of right to respond submitted.
Main Document
2026-01-26
Waiver of right of respondent United States to respond filed.
Main Document
2026-01-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 17, 2026)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Daniel Smith
Jared Timothy Guemmer — Federal Public Defender, N.D. of Oklahoma, Petitioner
United States
D. John Sauer — Solicitor General, Respondent