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Steven Duarte v. United States

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-50048 · judgment May 9, 2025


Certiorari denied · January 20, 2026
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether 18 U.S.C. §922(g)(1)’s categorical ban on the possession of firearms by felons is unconstitutional as applied to a defendant with non-violent predicate offenses underlying his conviction.

Counsel of record

For petitioner
Erin E. Murphy
Clement & Murphy, PLLC

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 5 conferences

Amicus briefs
2 cert-stage

Linked docket
25A123

Proceedings

  1. Jan 20 2026
    Petition DENIED.
  2. Jan 12 2026
    DISTRIBUTED for Conference of 1/16/2026.
  3. Jan 05 2026
    DISTRIBUTED for Conference of 1/9/2026.
  4. Dec 08 2025
    DISTRIBUTED for Conference of 12/12/2025.
  5. Dec 01 2025
    DISTRIBUTED for Conference of 12/5/2025.
  6. Nov 07 2025
    Brief amici curiae of National Rifle Association of America, et al. filed. (Distributed)
  7. Nov 07 2025
    Brief amici curiae of Ninth Circuit Federal Public and Community Defenders filed. (Distributed)
  8. Nov 05 2025
    DISTRIBUTED for Conference of 11/21/2025.
  9. Oct 28 2025
    Waiver of right of respondent United States to respond filed.
  10. Oct 06 2025
    Petition for a writ of certiorari filed. (Response due November 7, 2025)
  11. Aug 21 2025
    Application (25A123) granted by Justice Kagan extending the time to file until October 6, 2025.
  12. Aug 19 2025
    Application (25A123) to extend further the time from September 6, 2025 to October 6, 2025, submitted to Justice Kagan.
  13. Jul 30 2025
    Application (25A123) granted by Justice Kagan extending the time to file until September 6, 2025.
  14. Jul 25 2025
    Application (25A123) to extend the time to file a petition for a writ of certiorari from August 7, 2025 to September 6, 2025, submitted to Justice Kagan.