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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

Questions 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

Conference history
Distributed for 4 conferences

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.
  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.
  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)