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Isaac John Olivas v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 24-10268 · judgment May 27, 2025

Certiorari denied · January 20, 2026

Question presented

  1. Federal law bans the possession of firearms by anyone who has ever been convicted of a crime punishable by more than one year of imprisonment. 18 U.S.C. § 922(g)(1). How should courts decide whether an individual prosecution or conviction under that statute is consistent with the Second Amendment to the Constitution? 2. Under the prevailing interpretation of the nexus-with-commerce element of the federal possession ban, a former felon possesses “in or affecting commerce” a firearm if the firearm was made in another state. Does Congress have the constitutional authority to enact such a law? DIRECTLY RELATED PROCEEDINGS United States v. Olivas, No. 2:23-cr-64 (N.D. Tex.) United States v. Olivas, No. 24-10268 (5th Cir.)

Counsel of record

For petitioner
James Matthew Wright
Office of the Federal Public Defender

For respondent
D. John Sauer
Solicitor General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 4 conferences

Order
Order list, January 20, 2026 · Certiorari denied

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. Nov 13 2025
    DISTRIBUTED for Conference of 12/5/2025.
  6. Oct 27 2025
    Memorandum of respondent United States filed.
    Main DocumentProof of Service
  7. Sep 22 2025
    Motion to extend the time to file a response is granted and the time is extended to and including October 27, 2025.
  8. Sep 18 2025
    Motion to extend the time to file a response from September 26, 2025 to October 27, 2025, submitted to The Clerk.
    Main Document
  9. Aug 25 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 26, 2025)
    Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service