Supreme Court Report

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Phillip Eugene Wallace, Jr. v. United States

IFP petition · United States Court of Appeals for the Tenth Circuit, No. 25-5074 · judgment July 6, 2026


Pending

Question presented

Question 1: Whether the Second Amendment permits an as-applied challenge to the constitutionality of 18 U.S.C. § 922(g)(1) when that challenge is premised on the non-violent and non-dangerous nature of the defendant’s prior conviction. Question 2: If as-applied challenges can succeed, what is the standard by which courts should evaluate a person’s prior convictions to determine if those convictions Congress to disarm that person under penalty of imprisonment?

Counsel of record

For petitioner
Jared Timothy Guemmer
Office of the Federal Public Defender, NDOK

For respondent
D. John Sauer
Solicitor General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 15 2026
    DISTRIBUTED for Conference of 11/6/2026.
  2. Oct 08 2026
    Waiver of right of respondent United States to respond filed.
  3. Sep 30 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2026)