Euler Posted June 28, 2024 at 01:14 AM Share Posted June 28, 2024 at 01:14 AM 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 More sharing options...
skinnyb82 Posted June 29, 2024 at 03:40 PM Share Posted June 29, 2024 at 03:40 PM 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 More sharing options...
davel501 Posted June 29, 2024 at 04:15 PM Share Posted June 29, 2024 at 04:15 PM Public defender again? Almost feels like liberals using their clients for gun control. Seems like a giant ethics violation. Link to comment Share on other sites More sharing options...
Euler Posted June 30, 2024 at 01:15 AM Author Share Posted June 30, 2024 at 01:15 AM 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 More sharing options...
mab22 Posted June 30, 2024 at 04:48 AM Share Posted June 30, 2024 at 04:48 AM Is this really a public defender case? Link to comment Share on other sites More sharing options...
Euler Posted June 30, 2024 at 04:52 AM Author Share Posted June 30, 2024 at 04:52 AM Heather Quick Appellate Chief First Assistant Federal Defender FEDERAL PUBLIC DEFENDER'S OFFICE 222 Third Avenue SE, Suite 290 Cedar Rapids, IA 52401 (319) 363-9540 ATTORNEY FOR PETITIONER Link to comment Share on other sites More sharing options...
starwatcher Posted June 30, 2024 at 07:07 PM Share Posted June 30, 2024 at 07:07 PM Anyone else think these cases with very poor facts are being rammed through to attempt to chip away at Bruen. Link to comment Share on other sites More sharing options...
davel501 Posted June 30, 2024 at 07:53 PM Share Posted June 30, 2024 at 07:53 PM On 6/30/2024 at 2:07 PM, starwatcher said: Anyone else think these cases with very poor facts are being rammed through to attempt to chip away at Bruen. Everybody does because they are. Link to comment Share on other sites More sharing options...
starwatcher Posted June 30, 2024 at 10:47 PM Share Posted June 30, 2024 at 10:47 PM (edited) 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. Edited June 30, 2024 at 10:52 PM by starwatcher Link to comment Share on other sites More sharing options...
mab22 Posted July 1, 2024 at 04:18 AM Share Posted July 1, 2024 at 04:18 AM 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 More sharing options...
Euler Posted July 2, 2024 at 03:55 PM Author Share Posted July 2, 2024 at 03:55 PM (edited) Petition granted, vacated, and remanded for further consideration in light of Rahimi (presumably for stronger affirmation that Doss doesn't qualify for relief). Edited July 2, 2024 at 03:57 PM by Euler Link to comment Share on other sites More sharing options...
MrTriple Posted July 4, 2024 at 06:29 PM Share Posted July 4, 2024 at 06:29 PM 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 More sharing options...
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