Paris Jamal Graham pleaded guilty to possession of a firearm by a felon, a violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(8). The district court sentenced him to 120 months of imprisonment and three years of supervised release. On appeal, Graham's counsel filed a brief pursuant to Anders v. California, asserting there were no meritorious grounds for appeal while simultaneously questioning the constitutionality of the statute following the Supreme Court's decision in New York State Rifle & Pistol Assn., Inc. v. Bruen. Graham did not file a pro se supplemental brief, and the Government declined to file a response brief.
The court conducted a full review of the record in accordance with Anders v. California to determine if any issues were meritorious. The court addressed the constitutional challenge raised by counsel, noting that the Second Amendment argument under Bruen is foreclosed by binding Fourth Circuit precedent in United States v. Hunt. In Hunt, the court established that convictions under § 922(g)(1) are not susceptible to facial or as-applied challenges under the Second Amendment. Additionally, the court independently concluded that Graham's guilty plea was entered knowingly and voluntarily. The court further found that the sentence imposed was both procedurally and substantively reasonable within the Guidelines. Consequently, the court affirmed the district court's judgment.
The judgment of conviction and sentence stands. The court requires counsel to inform Graham in writing of his right to petition the Supreme Court for further review. If Graham requests a petition but counsel believes it would be frivolous, counsel may move to withdraw, provided they serve Graham with a copy of the motion.
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