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Spencer Wayne Bacon v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 24-40629 · judgment May 27, 2025


Certiorari denied · October 6, 2025

Question presented

  1. Whether 18 U.S.C. § 922(g)(1)—the statute that prohibits firearm possession by any person who was previously convicted of “a crime punishable by imprisonment for a term exceeding one year”—violates the Second Amendment.

  2. 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
Scott Andrew Martin
Federal Public Defender

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Jul 03 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Jun 30 2025
    Waiver of right of respondent United States of America to respond filed.
  4. May 30 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 3, 2025)