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D-Rayle Montey Nelson v. United States

IFP petition · United States Court of Appeals for the Tenth Circuit, No. 25-5086 · 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 convictions. 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
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Proceedings

Oct 01 2026
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 4, 2026)
Motion for Leave to Proceed in Forma Pauperis Petition Appendix Proof of Service