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Kendrick Jarrell Beaird v. United States
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 24-10764 · judgment May 15, 2025
Question presented
I. Whether 18 U.S.C. § 922(g)(1) comports with the Second Amendment? II. Whether Stinson v. United States still accurately state the level of deference due to the Commentary of the Federal Sentencing Guidelines? III. Whether 18 U.S.C. § 922(g) permits conviction for the possession of any firearm that has ever crossed state lines at any time in the indefinite past, and, if so, if it is facially unconstitutional? THE MOTION OF PETITIONER FOR LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE PETITION FOR A WRIT OF CERTIORARI IS GRANTED LIMITED TO THE FOLLOWING QUESTION: WHETHER STINSON V. UNITED STATES, 508 U. S. 36 (1993), STILL CORRECTLY STATES THE RULE FOR THE DEFERENCE THAT COURTS MUST GIVE THE COMMENTARY TO THE SENTENCING GUIDELINES. Order of May 6, 2026 ANTHONY J. DICK, ESQUIRE, OF WASHINGTON, D. C., IS INVITED TO BRIEF AND ARGUE THIS CASE, AS AMICUS CURIAE, IN SUPPORT OF THE POSITION THAT STINSON V. UNITED STATES, 508 U. S. 36 (1993), STILL CORRECTLY STATES THE RULE FOR THE DEFERENCE THAT COURTS MUST GIVE THE COMMENTARY TO THE SENTENCING GUIDELINES.
Counsel of record
For petitioner
Kevin Joel Page
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 7 conferences
Amicus briefs
8 merits
(4 supporting pet./neither, 4 respondent)
Proceedings
- Aug 31 2026Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Aug 25 2026Brief of Court-appointed amicus curiae filed. (Distributed)
- Aug 18 2026Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
- Aug 17 2026CIRCULATED
- Aug 12 2026Record requested from the United States Court of Appeals for the Fifth Circuit.
- Aug 04 2026SET FOR ARGUMENT on Tuesday, October 13, 2026.
- Jul 07 2026Brief amicus curiae of The Chamber of Commerce of the United States of America in support of neither party filed.
- Jul 07 2026Brief amicus curiae of West Virginia in support of neither party filed.
- Jul 07 2026Brief amicus curiae of Cato Institute filed.
- Jul 07 2026Brief amicus curiae of FAMM in support of neither party filed.
- Jul 07 2026Brief amicus curiae of National Association of Federal Defenders filed.
- Jul 07 2026Brief amicus curiae of New Civil Liberties Alliance filed.
- Jul 07 2026Brief amicus curiae of The Buckeye Institute filed.
- Jun 30 2026Joint appendix filed. (Statement of costs filed)
- Jun 30 2026Brief of Kendrick Beaird not accepted for filing. (To be corrected - July 09, 2026)
- Jun 30 2026Brief of petitioner Kendrick Beaird filed. (Corrected)
- Jun 30 2026Brief for the United States Supporting Vacatur not accepted for filing. (To be corrected - July 09, 2026)
- Jun 30 2026Brief of respondent United States Supporting Vacatur filed. (Corrected).
- Jun 29 2026Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
- May 22 2026Motion for an extension of time to file the briefs on the merits filed.
- May 22 2026Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix, petitioner's brief on the merits, and respondent's brief in support is extended to and including June 30, 2026. The time to file the brief of Court-appointed amicus curiae is extended to and including August 25, 2026.
- May 06 2026Anthony J. Dick, Esquire, of Washington, D. C., is invited to brief and argue this case, as amicus curiae, in support of the position that Stinson v. United States, 508 U. S. 36 (1993), still correctly states the rule for the deference that courts must give the commentary to the Sentencing Guidelines.
- Apr 20 2026Motion to proceed in forma pauperis GRANTED. Petition for a writ of certiorari GRANTED limited to the following question: Whether Stinson v. United States, 508 U. S. 36 (1993), still correctly states the rule for the deference that courts must give the commentary to the Sentencing Guidelines.
- Apr 13 2026DISTRIBUTED for Conference of 4/17/2026.
- Mar 30 2026DISTRIBUTED for Conference of 4/2/2026.
- Mar 23 2026DISTRIBUTED for Conference of 3/27/2026.
- Mar 16 2026DISTRIBUTED for Conference of 3/20/2026.
- Mar 02 2026DISTRIBUTED for Conference of 3/6/2026.
- Feb 23 2026DISTRIBUTED for Conference of 2/27/2026.
- Feb 18 2026Rescheduled.
- Jan 29 2026DISTRIBUTED for Conference of 2/20/2026.
- Jan 09 2026Brief of respondent United States in opposition filed.
- Dec 05 2025Motion to extend the time to file a response is granted and the time is further extended to and including January 9, 2026.
- Dec 04 2025Motion to extend the time to file a response from December 10, 2025 to January 9, 2026, submitted to The Clerk.
- Nov 10 2025Motion to extend the time to file a response is granted and the time is further extended to and including December 10, 2025.
- Nov 06 2025Motion to extend the time to file a response from November 13, 2025 to December 10, 2025, submitted to The Clerk.
- Oct 06 2025Motion to extend the time to file a response is granted and the time is further extended to and including November 13, 2025.
- Oct 02 2025Motion to extend the time to file a response from October 14, 2025 to November 13, 2025, submitted to The Clerk.
- Sep 09 2025Motion to extend the time to file a response is granted and the time is extended to and including October 14, 2025.
- Sep 08 2025Motion to extend the time to file a response from September 12, 2025 to October 14, 2025, submitted to The Clerk.
- Aug 11 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 12, 2025)