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Joseph Charles Riddle v. United States

IFP petition · United States Court of Appeals for the Tenth Circuit, No. 25-7067 · judgment May 7, 2026


Pending

Question presented

18 U.S.C. § 922(g)(1) prohibits a person “who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year,” from possessing a firearm or ammunition. Petitioner was convicted for failure to pay child support, but his past conviction satisfying the criteria of being “punishable by imprisonment for a term exceeding one year” was for a nonviolent crime. The questions presented are:

  1. Whether 18 U.S.C. § 922(g)(1) is consistent with the Second Amendment to the U.S. Constitution in all cases, or rather is susceptible to as-applied challenges under the Second Amendment; and

  2. Whether the Second Amendment prohibits the conviction of, and judgment against, Petitioner for a violation of 18 U.S.C. § 922(g)(1) given the nonviolent character of his prior predicate conviction.

Counsel of record

For petitioner
Nicole Dawn Herron
Federal Public Defender, EDOK

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Aug 20 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Aug 13 2026
    Waiver of right of respondent United States to respond filed.
  3. Aug 03 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2026)