Background
Mallory Taylor appealed his guilty plea conviction and sentence for possession of a firearm by a convicted felon. The appeal originated from the United States District Court for the Northern District of Texas.
The court’s reasoning
The court found that the evidence supported a plausible inference that Taylor was in constructive possession of at least two firearms in addition to the one he admitted to possessing. Consequently, Taylor did not demonstrate that the district court committed a clear or obvious error in applying the two-level enhancement under the United States Sentencing Guidelines. The court also noted that Taylor’s assertions that the statute violates the Second Amendment and exceeds Congress’s Commerce Clause authority were foreclosed by existing Fifth Circuit precedent.
What it means going forward
The decision reinforces the Fifth Circuit’s stance that challenges to the federal felon-in-possession statute under the Second Amendment and Commerce Clause are settled law, while confirming that constructive possession of multiple firearms satisfies the sentencing enhancement requirements.
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