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Bernard Kentrell Breeland, Jr. v. United States

IFP petition · United States Court of Appeals for the Fourth Circuit, No. 23-4689 · judgment August 14, 2025


Certiorari denied · February 23, 2026

Questions presented

  1. Whether 18 U.S.C. § 922(g)(1), which categorically prohibits all persons with felony convictions from possessing firearms or ammunition, is facially unconstitutional under the Second Amendment.

  2. Whether a criminal defendant waives the right to challenge the exclusion of evidence proffered during cross-examination of government witnesses by subsequently declining to introduce that same evidence during his case-in-chief.

  3. Whether law enforcement officers who did not witness the commission of a crime may offer lay opinion testimony under Federal Rule of Evidence 701 identifying the defendant as the perpetrator based solely on a post-hoc review of surveillance footage and prior encounters with the defendant.

Counsel of record

For petitioner
John LaFitte Warren III
Law Office of Bill Nettles

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
25A444

Proceedings

  1. Feb 23 2026
    Petition DENIED.
  2. Jan 29 2026
    DISTRIBUTED for Conference of 2/20/2026.
  3. Jan 21 2026
    Waiver of right of respondent United States of America to respond filed.
  4. Jan 08 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 13, 2026)
  5. Oct 20 2025
    Application (25A444) granted by The Chief Justice extending the time to file until January 11, 2026.
  6. Oct 08 2025
    Application (25A444) to extend the time to file a petition for a writ of certiorari from November 12, 2025 to January 11, 2026, submitted to The Chief Justice.