Jump to content

Doss v US - felon in possession


Euler

Recommended Posts

I'm adding this case to the forum, since the US included it in a list of Supreme Court cases for which it filed a supplemental brief, including Range.

As the petition notes, Doss is a facial challenge to 18 USC 922(g)(1), whereas the others are as-applied challenges.

Docket
Petition for certiorari said:
QUESTION PRESENTED

Whether, as the Eighth Circuit held, 18 U.S.C. § 922(g)(1) (which prohibits any felon from possessing firearms) is invariably constitutional both facially and as applied to any defendant, no matter the case-specific circumstances?

Separate petitions for writ of certiorari were filed on virtually the same issue in Edell Jackson v. United States, 23-6170[,] and Sylvester Cunningham v. United States, 23-6602. Mr. Doss's petition only differs in that he also raised a facial challenge under the Second Amendment.
...

US response said:
Following a guilty plea in the United States District Court for the Southern District of Iowa, petitioner was convicted of possessing a firearm as a felon, in violation of 18 U.S.C. 922(g)(1). ... He was sentenced to 120 months of imprisonment, to be followed by three years of supervised release. ... The court of appeals affirmed. ...

In March 2021, a Des Moines Police Department detective attempted to stop petitioner, whose driver's license was suspended, from driving away from a bar. ... Petitioner fled on foot, and the detective saw him throw a pistol into a dumpster. ... At the time, petitioner's criminal history included state-court convictions for theft, forgery, identity theft, possession of marijuana with intent to deliver, aggravated unlawful use of a weapon, assault, aggravated assault, intimidation with a dangerous weapon, and possession of a firearm as a felon. ...
...

"Aggravated assault" and "intimidation with a dangerous weapon" don't sound like winners for this case given Rahimi.
Link to comment
Share on other sites

This dude is a bad guy and should be disarmed because he can't behave himself. This is not a guy who committed welfare fraud or shoplifted from Walmart. He's essentially arguing that the 2A protects menaces to society and he should be allowed to run around with a gun 🙄

Link to comment
Share on other sites

Doss is easily the least sympathetic petitioner. His crime is violent. The SC could easily deny his petition, even if it grants the others (Range, Vincent, Cunningham, Jackson), all of which are non-violent criminals. Range is practically the protagonist in some modern American version of Les Miserables.
Link to comment
Share on other sites

On 6/30/2024 at 5:47 PM, starwatcher said:

I wish right wing states/courts would pass and challenge laws such as awbs.

 

Have Texas make an awb that goes into effect in 100years, give a weak defense for challenges then keep appealing until it gets to SCOTUS.

I don’t think SCOTUS would hear it based on lack of standing, no one’s effected by it yet. 

Link to comment
Share on other sites

On 6/30/2024 at 5:47 PM, starwatcher said:

I wish right wing states/courts would pass and challenge laws such as awbs.

 

Have Texas make an awb that goes into effect in 100years, give a weak defense for challenges then keep appealing until it gets to SCOTUS.

It would be better to goad Austin or Houston into doing so. That way the state doesn't suffer the political consequences of signing a ban, and it opens an avenue to get it before the Fifth Circuit.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...