Background
Jermaine Jackson pleaded guilty to possessing a firearm as a convicted felon and was sentenced to eighty-four months of imprisonment followed by three years of supervised release. On appeal, he argued that the federal statute prohibiting such possession violated the Second Amendment and the Commerce Clause.
The court’s reasoning
The court noted that the appellant conceded his Second Amendment challenges were foreclosed by United States versus Diaz and United States versus Giglio. The court also found his Commerce Clause challenge foreclosed by United States versus Alcantar and United States versus Perryman. Consequently, the court affirmed the final judgment of the district court.
What it means going forward
The ruling reinforces that convicted felons cannot successfully challenge federal firearm possession statutes under the Second Amendment or Commerce Clause in the Fifth Circuit when the arguments have already been foreclosed by prior binding decisions.
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