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Demonya Marquise Swarn v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 23-11242 · judgment October 15, 2025


Certiorari denied · February 23, 2026

Question presented

I. Texas robbery may be committed by a reckless use of force merely incidental to the taking of property. Did the Fifth Circuit misapply the categorical approach by dismissing an elemental mismatch as a mere variation in terminology and misconstruing the mens rea required in the amended definition of robbery in the Guidelines, in finding that Texas robbery is a crime of violence. II. Whether 18 U.S.C. §922(g)(1) comports with the Second Amendment? 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?

Counsel of record

For petitioner
Christy Posnett Martin
Federal Public Defender-Northern District of Texas

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

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 to respond filed.
  4. Jan 12 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 13, 2026)