Background
Boru Wako, Jr. was convicted of being a felon in possession of a firearm and illegal receipt of a firearm by a person under indictment. He challenged the constitutionality of both statutes before trial and sought to dismiss the indictment. The district court denied the motions, convicted him at trial, and sentenced him to eighty-four months imprisonment.
The court’s reasoning
The court held that Supreme Court precedent does not require a felony-by-felony analysis for felon-in-possession charges under Section one eight U.S.C. Section nine two two G one. However, the district court erred by holding an as-applied challenge to Section one eight U.S.C. Section nine two two N in abeyance without returning to resolve it after the trial concluded. The appellate court found the record underdeveloped for review without the district court’s factual findings.
we conclude that there is no need for felony-by-felony litigation regarding the constitutionality of § 922(g)(1).
What it means going forward
The defendant’s conviction on the illegal receipt charge is vacated pending further proceedings on the constitutional challenge. The felon-in-possession conviction stands.