Supreme Court of the United States · Official docket →
Jonathan Garcia v. United States
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 23-40705 · judgment February 28, 2025
Questions presented
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Whether the government may deprive citizens of their Second Amendment rights because they were previously convicted of a non-violent crime.
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Whether the government’s prosecution of petitioner under 18 U.S.C. § 922(g)(1), based on his non-violent prior conviction for transporting aliens in violation of 8 U.S.C. § 1324, violates the Second Amendment.
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Whether application of 18 U.S.C. § 922(g)(1) to petitioner violated the Commerce Clause where the only proof of a nexus between his firearm possession and interstate commerce consisted of the fact that the firearm had crossed a state line at some point before coming into petitioner’s possession.
Counsel of record
For petitioner
Kathryn Shephard
Federal Public Defender
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 06 2025Petition DENIED.
- Jul 03 2025DISTRIBUTED for Conference of 9/29/2025.
- Jun 30 2025Waiver of right of respondent United States to respond filed.
- May 29 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 2, 2025)