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Elias Xavier Rosario Torres v. United States

IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 24-11929 · judgment August 19, 2025


Certiorari denied · January 12, 2026

Question presented

A person who is convicted under 18 U.S.C. § 924(c) of possession of a firearm in furtherance of a crime of violence or drug trafficking crime, but whose firearm qualifies under federal law as a machinegun, faces a mandatory 30-year consecutive sentence, rather than the statute’s otherwise applicable 5-year, 7-year, and 10-year consecutive penalties. Compare 18 U.S.C. § 924(c)(1)(B)(ii), with id. § 924(c)(1)(A)(i)-(iii). In the D.C. and Eleventh Circuits, the automatic nature of the weapon is a strict liability element, while in the First Circuit, the government must prove the defendant knew it was a machinegun. The question presented is whether the presumption of mens rea applies to 18 U.S.C. § 924(c)(1)(B)(ii) requiring the government to prove that a defendant knew of the automatic capability of a firearm before subjecting the defendant to a consecutive, decades-long mandatory minimum sentence.

Counsel of record

For petitioner
Jenny L Devine
Office of the Federal 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 1 conference

Order
Order list, January 12, 2026 · Certiorari denied

Proceedings

  1. Jan 12 2026
    Petition DENIED.
  2. Dec 11 2025
    DISTRIBUTED for Conference of 1/9/2026.
  3. Dec 03 2025
    Waiver of right of respondent United States to respond filed.
  4. Nov 17 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 19, 2025)