The United States Court of Appeals for the Fifth Circuit affirmed a conviction for possession of a firearm by a felon. The court held that the defendant's constitutional challenges to the federal statute were foreclosed by existing precedent.
Terrance J. Tardieff appealed his conviction for possession of a firearm after a felony conviction in violation of Section eighteen United States Code Section nine hundred twenty-two subsection G one. He argued that the statute was unconstitutional both on its face and as applied to him under the Supreme Court’s decision in New York State Rifle and Pistol Association versus Bruen.
The court’s reasoning
The court found that the defendant’s arguments were foreclosed by existing Fifth Circuit precedent. The court cited United States versus Schnur and United States versus Diaz as controlling authority. Because the legal claims were already settled, summary disposition was appropriate.
What it means going forward
The affirmation reinforces the Fifth Circuit’s position that challenges to Section eighteen United States Code Section nine hundred twenty-two subsection G one under the Bruen framework are not viable for defendants with prior felony convictions.
