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Atkinson v Garland (Rosen) - Lifetime 2A prohibition


Euler
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I don't expect this to go anywhere, but it exists.

 

Docket for Northern District of Illinois
Docket for Seventh Circuit Court of Appeals

District Opinion said:

Federal law precludes Patrick Atkinson, a convicted felon, from possessing a firearm.

...

On October 16, 1998, Atkinson pled guilty to one count of mail fraud in violation of 18 U.S.C. § 1341, a Class C felony.

...

Since completing his sentence, Atkinson has not been convicted of any additional crimes and has no history of violence.

...

In his complaint, Atkinson acknowledges that his felony conviction prohibits him from possessing a firearm under both federal and Illinois law. He alleges, however, that his "unique personal circumstances" make the application of this law to him unconstitutional.

...

Based upon binding precedent, Atkinson’s claim lacks merit. As a result, the Court grants Defendants' motion to dismiss and dismisses this case with prejudice.

 

CourtListener is a bit deficient in the circuit docket department, so here's an extract from PACER.

 
General Docket
Seventh Circuit Court of Appeals
Court of Appeals Docket #: 22-1557 Docketed: 04/05/2022
Nature of Suit: 2440 Other Civil Rights
Patrick Atkinson v. Merrick Garland, et al
Appeal From: Northern District of Illinois, Eastern Division
Fee Status: Paid
Case Type Information:
1) civil
2) us
3) -
 
Originating Court Information:
District: 0752-1 : 1:21-cv-00291
Court Reporter: Laura LaCien, Court Reporter
Trial Judge: John Robert Blakey, District Court Judge
Date Filed: 01/18/2021
Date Order/Judgment: Date NOA Filed:
03/15/2022 04/05/2022
05/23/2022 14 Amicus brief filed by Amici Curiae FPC Action Foundation and Firearms Policy Coalition by consent. Paper copies due on 05/31/2022. Electronically Transmitted. [14] [7237858] [22-1557] (GW) [Entered: 05/23/2022 11:57 AM]
05/26/2022 15 Paper copies of appellant brief filed by Appellant Patrick Atkinson. [15] [7238793] [22-1557] (LCP) [Entered: 05/26/2022 02:04 PM]
05/27/2022 16 Paper copies of amicus brief filed by Amici Curiae FPC Action Foundation and Firearms Policy Coalition. [16] [7238956] [22-1557] (SK) [Entered: 05/27/2022 09:41 AM]
06/23/2022 17 Motion filed by Appellees Merrick B. Garland and Marvin G. Richardson to extend time to file appellee brief. [17] [7244222] [22-1557] (Hazel, Steven) [Entered: 06/23/2022 03:22 PM]
06/24/2022 18 Amended motion filed by Appellees Merrick B. Garland and Marvin G. Richardson to extend time to file appellee brief. [18] [7244386] [22-1557] (Hazel, Steven) [Entered: 06/24/2022 11:25 AM]
06/24/2022 19 ORDER re: 1. Motion for Extension of Time to File the Government's Brief. [18] 2. Amended Motion for Extension of Time to File the Government's Brief. [17] The motion is GRANTED and briefing will proceed as follows: Appellees' brief due on or before 07/25/2022 for Merrick B. Garland, Attorney General of the United States and Marvin G. Richardson. Appellant's reply brief, if any, is due on or before 08/15/2022 for Appellant Patrick Atkinson. CMD [19] [7244409] [22-1557] (MM) [Entered: 06/24/2022 12:03 PM]
07/25/2022 20 Submitted appellee brief by Steven H. Hazel for Appellees Marvin G. Richardson and Merrick B. Garland. [20] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7250389] [22-1557] (Hazel, Steven) [Entered: 07/25/2022 03:47 PM]
07/25/2022 21 Appellee's brief filed by Appellees Merrick B. Garland and Marvin G. Richardson. Paper copies due on 08/01/2022. Electronically Transmitted. REMINDER: Hearing notices are mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, no later than the filing of the appellant's brief in a criminal case and the filing of an appellee's brief in a civil case. See Cir. R. 34(b)(3). The court's calendar is located at http://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [21] [7250409] [22-1557] (KRA) [Entered: 07/25/2022 04:14 PM]
07/26/2022 22 NOTICE: Attorney Mr. Steven H. Hazel for Appellees Merrick B. Garland and Marvin G. Richardson will not be available for oral argument September 28, 2022. [22] [7250450] [22-1557] (Hazel, Steven) [Entered: 07/26/2022 06:47 AM]
07/28/2022 23 Paper copies of appellee brief filed by Appellees Merrick B. Garland and Marvin G. Richardson. [23] [7251092] [22-1557] (KRA) [Entered: 07/28/2022 10:29 AM]
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  • 1 month later...

The court is trying to find a time to schedule oral arguments.

 

07/28/2022 23 Paper copies of appellee brief filed by Appellees Merrick B. Garland and Marvin G. Richardson. [23] [7251092] [22-1557] (KRA) [Entered: 07/28/2022 10:29 AM]
08/16/2022 24 Instanter motion filed by Appellant Patrick Atkinson to file Appellant's Reply Brief. [24] [7254746] [22-1557] (Sigale, David) [Entered: 08/16/2022 12:51 AM]
08/16/2022 25 ORDER re: Motion for leave to file appellant's reply brief, filed on 8/16/2022. The motion is GRANTED. The clerk shall file instanter the reply brief electronically submitted with the motion. [24]. SCR [25] [7254777] [22-1557] (FP) [Entered: 08/16/2022 09:15 AM]
08/16/2022 26 Appellant's reply brief filed by Appellant Patrick Atkinson, per order. Paper copies due on 08/23/2022. Electronically Transmitted. REMINDER: Hearing notices are mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, no later than the filing of the appellant's brief in a criminal case and the filing of an appellee's brief in a civil case. See Cir. R. 34(b)(3). The court's calendar is located at http://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [26] [7254786] [22-1557] (MAN) [Entered: 08/16/2022 09:28 AM]
08/23/2022 27 Paper copies of appellant reply brief filed by Appellant Patrick Atkinson. [27] [7256174] [22-1557] (KRA) [Entered: 08/23/2022 11:10 AM]
09/01/2022 28 NOTICE: Attorney Mr. Steven H. Hazel for Appellees Merrick B. Garland and Marvin G. Richardson will not be available for oral argument October 27. [28] [7258231] [22-1557] (Hazel, Steven) [Entered: 09/01/2022 04:11 PM]
09/16/2022 29 NOTICE: Attorney Mr. Steven H. Hazel for Appellees Merrick B. Garland and Marvin G. Richardson will not be available for oral argument November 7. [29] [7261202] [22-1557] (Hazel, Steven) [Entered: 09/16/2022 05:40 PM]
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