Background
The defendant sought to dismiss a charge of unlawful possession of a firearm as an unlawful user of a controlled substance under Section eighteen United States Code Section nine hundred twenty-two subsection G three. He argued the statute was unconstitutional under the Second Amendment. The district court denied his motion, and he entered a conditional guilty plea preserving his right to appeal.
The court’s reasoning
The court noted that the appellant acknowledged a prior Eighth Circuit decision in United States versus Veasley rejected the argument that the statute is facially unconstitutional. The appellant asked the court to overrule that decision. The court stated it cannot do so because it is a cardinal rule in the circuit that one panel is bound by the decision of a prior panel. Accordingly, the court affirmed the judgment of the district court.
It is a cardinal rule in our circuit that one panel is bound by the decision of a prior panel.
Mader v. United States, 654 F.3d 794, 800 (8th Cir. 2011)
What it means going forward
The ruling maintains the existing precedent within the Eighth Circuit regarding the constitutionality of Section eighteen United States Code Section nine hundred twenty-two subsection G three under the Second Amendment.
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