Case Explained: United States v. Nelson

Court: United States Court of Appeals for the Tenth Circuit

Filed: 2026-07-06

Docket: 4:24-CR-00276-SEH-1)

The Tenth Circuit affirmed the district court’s denial of Defendant D-Rayle Montey Nelson’s motion to dismiss his indictment under 18 U.S.C. § 922(g)(1) on an as-applied constitutional challenge, relying on Supreme Court precedent and prior Tenth Circuit decisions such as Vincent v. Garland (Vincent III), Rocky Mountain Gun Owners v. Polis, and United States v. Warner. These rulings uphold the constitutionality of § 922(g)(1), which prohibits felons from possessing firearms, under the Second Amendment. Consequently, Defendant’s appeal is without merit, and his conviction stands; he will serve the imposed sentence of thirty months’ imprisonment followed by three years of supervised release.

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