Chronology of
U.S. v. Emerson
by Donald Ray Burger
Attorney at Law

October 10, 1997: Doctor Tim Emerson purchases a 9mm model 92F Beretta from a FFL.

April 17, 1998: 5th Circuit decision in U.S. v. Pierson (holding § 922(g)(8) is not an unconstitutional exercise of the commerce power).

August 28, 1998: Sacha Emerson files petition for divorce and application for TRO.

September 4, 1998: Judge of 119th Judicial District Court for Tom Green County holds hearing on application for temporary orders.

September 14, 1998: Temporary Orders issued by Judge of 119th.

November 16, 1998: Sacha Emerson and the Emerson's four-year old daughter visit Dr. Emerson at his office. According to Sacha Emerson, Dr. Emerson pulled the Beretta on her and pointed it at her and the child. (Dr. Emerson was found "not guilty" of these charges on October 16, 2001.)

December 8, 1998: Federal Grand Jury indicts Dr. Emerson on five counts.

March 30, 1999: U.S. District Judge Sam Cummings issues initial decision in Emerson.

April 7, 1999: U.S. District Judge Sam Cummings issues Amended Memorandum Decision in Emerson.

October 18, 2000: Dr. Emerson was found "not guilty" by a state court jury of endangerment of a child and aggravated assault against Sacha Emerson.

October 9, 2001: Dr. Emerson’s driver’s license is revoked because of non-payment of child support.

October 16, 2001: Fifth Circuit decision in U.S. v. Emerson.

November 30, 2001: The request for a rehearing en banc (by all the judges of the Fifth Circuit) was denied at 281 F.3d 1281 (5th Cir. 2001).

June 10, 2002: The United States Supreme Court refused to hear the case (writ of certiorari denied). 536 U.S. 122, 122 S.Ct.2d 2362, 153 L.Ed.2d 184 (2002).

October 7, 2002: Dr. Emerson convicted of violating 18 U.S.C. § 922(g)(8).

October 19, 2002: Dr. Emerson undergoes open heart surgery.

December 11, 2002: Dr. Emerson is sentenced to thirty months in federal prison.

February 12, 2003: Nicole Weber calls in report to San Angelo police that Dr. Emerson is stalking her in car [while driver’s license suspended].

April 3, 2003: Warrant issued for Dr. Emerson’s arrest and he is taken into custody.

April 21, 2003: Bond revocation hearing held. June 20, 2003: Dr. Emerson files brief with Fifth Circuit challenging his conviction for violating § 922(g)(8).

January 8, 2004: Oral arguments scheduled on appeal of conviction.

January 28, 2004: Judgment and sentencing of Dr. Emerson affirmed.

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