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United States v. Kevin LaMarcus Mitchell

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 24-60607 · judgment November 21, 2025


Certiorari denied · June 29, 2026
Pre-decision estimate: 43% cert probability (95% interval 33%–53%)

Before the decision, about 10.3× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Fifth Circuit decision below.

Question presented

Whether 18 U.S.C. 922(g)(1), the federal statute that prohibits the possession of a firearm by a person who has been convicted of a crime punishable by imprisonment for a term exceeding one year, violates the Second Amendment as applied to a defendant with a predicate conviction under 18 U.S.C. 922(g)(3), which prohibits the possession of a firearm by an unlawful user of a controlled substance. (I)

Counsel of record

For petitioner
D. John Sauer
Solicitor General

For respondent
Victoria Elizabeth McIntyre
Office of the Federal Public Defender

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jun 29 2026
    Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
  2. Jun 29 2026
    Petition DENIED.
  3. Jun 22 2026
    DISTRIBUTED for Conference of 6/25/2026.
  4. Apr 22 2026
    DISTRIBUTED for Conference of 5/14/2026.
  5. Apr 08 2026
    Motion for leave to proceed in forma pauperis filed by respondent Kevin LaMarcus Mitchell.
  6. Apr 08 2026
    Brief of respondent Kevin LaMarcus Mitchell in opposition filed.
  7. Feb 20 2026
    Motion to extend the time to file a response is granted and the time is extended to and including April 8, 2026.
  8. Feb 19 2026
    Motion to extend the time to file a response from March 9, 2026 to April 8, 2026, submitted to The Clerk.
  9. Feb 05 2026
    Petition for a writ of certiorari filed. (Response due March 9, 2026)