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USA v Cherry, felon in possession of a firearm

THE KING

By THE KING
in Judicial Second Amendment Case Discussion

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Euler Member

Euler

Posted
Posted (edited)
docket for US v Cherry

As I post this, the document referenced in the video has not been posted to PACER, and thus not on CourtListener, either. Smith also didn't post a link as he says in the video. (Lots of YouTubers fail to post links they say they post, which probably means his video minion didn't post the link.) The last docket entry as I post is from January 11, which states that Cherry's supervised release is due to be revoked on April 3.

Staci Yandle is the judge for Meyer v Raoul, too.

Edited by Euler
Euler Member

Euler

Posted
Posted
On February 2, 2024 at 11:06 PM CST, Euler said:→
docket for US v Cherry
...

UPDATE: docket for US v Cherry

The guy's got a bit of history with the courts, complicated by not everything being indexed in the database completely. (Well, CourtListener has all of this one now.)

The order discussed in the video is docket #29 (PDF).
ealcala31 Member

ealcala31

Posted
Posted
On 2/3/2024 at 4:46 PM, yurimodin said:

only 20 more years to get through SLOWTUS

See, that's my problem. SCOTUS is sticking to SCOTUS tradition, while district and appellate courts are sticking to political wins. Every day we have to deal w/PICA and all the other illegal gun control laws, schemes, etc. I remember when I took my IL-CCL class and the instructor said, 2A guys have died fighting for the right to carry. Never having that 2A experience. Moving is becoming a serious option for me. Waiting what could possibly be another 2 more years just to get Title I rights back, no thank you. What about NFA rights, another 5-10 more years for that. As I've told others in conversation, our 2A experiences are much different than someone from a FREE state. I'm 45, if I have the cash and wanted to buy a machinegun, I could buy a transferrable machinegun. If, when I was 35, I wanted to buy a suppressor, I'd buy a suppressor. Without having that 2A Freedom, we could never have those types of experiences. Plus taxes, regulation fees, law enforcement, the direction the political party is going, I just don't think IL is the place I want to expire in. Just my $0.02...

mikew Member

mikew

Posted
Posted
On 2/3/2024 at 4:46 PM, yurimodin said:

only 20 more years to get through SLOWTUS

Our own 4 cases have taken a year to get filed ad combined and to have a TRO get overturned, but no actual hearing yet.

 

McDonald v Chicago, in contrast took two years from first filing in federal court to ruling by SCOTUS.

The wheels of justice do not turn swiftly, which is why we need to fight at the first level: keeping the wrong laws from being enacted in the first place.

JTHunter Member

JTHunter

Posted
Posted
On 2/3/2024 at 11:03 PM, ealcala31 said:

See, that's my problem. SCOTUS is sticking to SCOTUS tradition, while district and appellate courts are sticking to political wins. Every day we have to deal w/PICA and all the other illegal gun control laws, schemes, etc. I remember when I took my IL-CCL class and the instructor said, 2A guys have died fighting for the right to carry. Never having that 2A experience. Moving is becoming a serious option for me. Waiting what could possibly be another 2 more years just to get Title I rights back, no thank you. What about NFA rights, another 5-10 more years for that. As I've told others in conversation, our 2A experiences are much different than someone from a FREE state. I'm 45, if I have the cash and wanted to buy a machinegun, I could buy a transferrable machinegun. If, when I was 35, I wanted to buy a suppressor, I'd buy a suppressor. Without having that 2A Freedom, we could never have those types of experiences. Plus taxes, regulation fees, law enforcement, the direction the political party is going, I just don't think IL is the place I want to expire in. Just my $0.02...

 

We have a similar situation, although I'm in southern IL-ANNOY.  At my age (late 60s), longevity may be my downfall as far as getting that "2A experience".  And, considering the non-refundable application fee for the CCL, I have no desire to give this state any more funds than absolutely necessary,

Part of my problem is where to go if I leave.  Now that my last parent has passed and the other relatives are at least 150 miles north of me, I have less to keep me in this state except this property I own.  Therein lies my dilemma.  Do I try and sell this property to which I have grown accustomed to and comfortable with, or do I start over somewhere else?  Add to age, certain physical limitations that are both "age-related" as well injuries over the years.

ealcala31 Member

ealcala31

Posted
Posted
On 2/4/2024 at 2:07 PM, JTHunter said:

 

We have a similar situation, although I'm in southern IL-ANNOY.  At my age (late 60s), longevity may be my downfall as far as getting that "2A experience".  And, considering the non-refundable application fee for the CCL, I have no desire to give this state any more funds than absolutely necessary,

Part of my problem is where to go if I leave.  Now that my last parent has passed and the other relatives are at least 150 miles north of me, I have less to keep me in this state except this property I own.  Therein lies my dilemma.  Do I try and sell this property to which I have grown accustomed to and comfortable with, or do I start over somewhere else?  Add to age, certain physical limitations that are both "age-related" as well injuries over the years.

I completely understand where you're coming from. I guess your decision would be, a bucket list type of decision. Are there 2A rights you would like to exercise b4 you make it upstairs in the clouds. This brings to mind a retired Chicago city employee (can't remember what dept) I met at the gun club 3yrs ago. As soon as he retired, he moved to Indiana with his wife (I believe he said his wife). His kids had moved out and he had the, I have no reason to be here attitude. He moved to Indiana and had an NFA buying spree. I think he said he bought 3 silencers in the 1st year (Maxim called them silencers, so I am going to call them silencers). He did the whole NFA bucket list, an SBR, SBS, and machinegun. Said he enjoyed the low taxes, was happy he got out of the city, loved shooting, and had good neighbors. I guess everyone's experience won't be the same, but living in a state where your own state government considers you the enemy, I see it as a time for change. 

ealcala31 Member

ealcala31

Posted
Posted
On 2/4/2024 at 10:53 AM, mikew said:

The wheels of justice do not turn swiftly, which is why we need to fight at the first level: keeping the wrong laws from being enacted in the first place.

💯

yurimodin Member

yurimodin

Posted
Posted
On 2/4/2024 at 10:53 AM, mikew said:

Our own 4 cases have taken a year to get filed ad combined and to have a TRO get overturned, but no actual hearing yet.

 

McDonald v Chicago, in contrast took two years from first filing in federal court to ruling by SCOTUS.

The wheels of justice do not turn swiftly, which is why we need to fight at the first level: keeping the wrong laws from being enacted in the first place.

It's time that SLOWTUS stops letting states and the lower courts basically run the show.......interlockitory, non-interlockitory I don't give a ***** its their responsibility to whip their supposedly inferior courts into compliance with their precedents. 

 

The truth is they really don't care. They seem just fine to remand these cases all the way back to the bottom for absolutely no reason other than to delay their own job and its absolutely disgusting. 

 

I guess alot of us are just going to be felons now and I guess if USA v Cherry stands then it won't matter. But everyone knows our feudal lords like the infringement so it will just stay anyway.

davel501 Member

davel501

Posted
Posted
On 2/5/2024 at 11:20 AM, yurimodin said:

It's time that SLOWTUS stops letting states and the lower courts basically run the show.......interlockitory, non-interlockitory I don't give a ***** its their responsibility to whip their supposedly inferior courts into compliance with their precedents. 

 

The truth is they really don't care. They seem just fine to remand these cases all the way back to the bottom for absolutely no reason other than to delay their own job and its absolutely disgusting. 

 

I guess alot of us are just going to be felons now and I guess if USA v Cherry stands then it won't matter. But everyone knows our feudal lords like the infringement so it will just stay anyway.

 

This cuts both ways though. They could have easily shut down Texas on the border, but they are letting that play out longer. The whole thing is set up to get to the right answer eventually.

  • 1 month later...
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  • 11 months later...
  • 1 year later...
Euler Member

Euler

Posted
Posted (edited)
It's been a little over 2 years since the case was stayed.

On April 2, CA7 issued its panel ruling in US v Prince, which was the condition of the stay.

On April 20 in appellate court, the court ordered parties to file a joint statement of positions within 7 days of the resolution of a petition for rehearing in Prince or by May 18, whichever is earlier.

Cherry's previous criminal history includes felony convictions for aggravated robbery and attempted vehicular hijacking.

Edited by Euler
  • 1 month later...
Euler Member

Euler

Posted
Posted
On May 18 in appellate court, parties filed their individual statements of positions.

On May 19, the court set the following schedule:

6/18: government's brief due
7/20: Cherry's brief due
8/10: government's reply brief, if any, due

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