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Dale D. Mitchell, Jr. v. United States

IFP petition · United States Court of Appeals for the Eighth Circuit, No. 25-1294 · judgment December 19, 2025


Pending

Question presented

I. Whether 18 U.S.C. § 922(g)(1) is constitutional in all its applications or is it subject to as-applied challenges? II. If as-applied challenges are prohibited, is 18 U.S.C. § 922(g)(1) facially invalid because it violates the Due Process Clause and is substantially overbroad? III. Whether Stinson v. United States still accurately states the level of deference due to the Commentary of the Federal Sentencing Guidelines?

Counsel of record

For petitioner
Becky Kurz
Federal Public Defender Office

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jul 16 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Jul 01 2026
    Memorandum of respondent United States filed.
  3. May 29 2026
    Motion to extend the time to file a response is granted and the time is extended to and including July 1, 2026.
  4. May 28 2026
    Motion to extend the time to file a response from June 1, 2026 to July 1, 2026, submitted to The Clerk.
  5. Apr 28 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 1, 2026)