No. 25A607

Alexander Jon Ogilvie v. United States

Lower Court: Tenth Circuit
Docketed: 2025-11-21
Status: Application
Type: A
Tags: constitutional-challenge criminal-law federal-public-defender firearms-regulation statutory-vagueness tenth-circuit
Latest Conference: N/A
Question Presented (AI Summary)

Whether 18 U.S.C. § 922(n) is unconstitutionally vague as applied to criminal defendants' rights

Question Presented (OCR Extract)

No question identified. : APPLICATION FOR EXTENSION OF TIME WITHIN WHICH TO FILE A PETITION FOR WRIT OF CERTIORARI To the Honorable Neil M. Gorsuch, as Circuit Justice for the United States Court of Appeals for the Tenth Circuit: Applicant Alexander Jon Ogilvie respectfully requests an extension of 60 days in which to file his petition for writ of certiorari, seeking review of the Tenth Circuit’s decision in United States v. Ogilvie, Case No. 24-4089 (10th Cir. Sept. 3, 2025), a copy of which is attached to this application. In support of this application, Applicant states the following: 1. The Tenth Circuit issued denied Mr. Ogilvie’s appeal on September 3, 2025. Accordingly, the petition for certiorari is currently due December 2, 2025. Granting this extension would make it due on January 31, 2026. 2. The jurisdiction of this Court is invoked under 28 U.S.C. 1254(1). 3. This case asks whether 18 U.S.C. § 922(n) is unconstitutionally vague on its face. Based on the ruling in his case, and the entrenched ambiguity, Mr. Ogilvie has determined he will seek review via a petition of certiorari. 4. This application is not sought for purposes of delay. Undersigned counsel is the lead attorney on several pending appeals. Undersigned counsel represented Mr. Ogilvie before the Tenth Circuit, and there are currently no other attorneys in the Federal Public Defender office who are familiar enough with the record in Mr. Ogilvie’s case to be capable of preparing a petition by the current due date. For these reasons, Mr. Ogilvie requests a 60-day extension of time in which to file a petition for a writ of certiorari. Respectfully submitted, /s/ Jessica Stengel JESSICA STENGEL Assistant Federal Public Defender, District of Utah 46 W. Broadway, Suite 110 Salt Lake City, Utah 84101 (801) 524-4010 Counsel for Applicant Alexander Jon Ogilvie

Docket Entries

2025-11-21
Application (25A607) granted by Justice Gorsuch extending the time to file until January 2, 2026.
2025-11-18
Application (25A607) to extend the time to file a petition for a writ of certiorari from December 2, 2025 to January 31, 2026, submitted to Justice Gorsuch.

Attorneys

Alexander Jon Ogilvie
Jessica StengelUtah Federal Public Defender, Petitioner
Jessica StengelUtah Federal Public Defender, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent