Tomonta Simmons pleaded guilty to possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1). After his conviction and sentencing, he appealed, raising two primary categories of issues. First, he challenged the validity of his guilty plea, arguing that his statement at sentencing that the firearms were for self-protection rendered the application of the statute unconstitutional under the Second Amendment. Second, he challenged the reasonableness of his sentence, claiming procedural errors in how the district court calculated his guidelines range and considered various factors, including his possession of a third gun and his comments on community safety. Notably, Simmons did not move to withdraw his guilty plea in the district court, and his appellate counsel filed a brief under Anders v. California, concluding there were no meritorious grounds for appeal while still raising these specific issues for the court's review.
The court addressed the Second Amendment challenge first. Because Simmons did not challenge the validity of his plea or seek to withdraw it in the district court, the appellate court applied the plain error standard of review. Under this standard, Simmons had to prove that an error occurred, that the error was plain, and that it affected his substantial rights. The court noted that even if the issue were preserved, it would be foreclosed by the Fourth Circuit's decision in United States v. Hunt, which held that neither New York State Rifle & Pistol Assoc. v. Bruen nor United States v. Rahimi abrogated precedent foreclosing as-applied challenges to Section 922(g)(1). The court also found that the district court substantially complied with Federal Rule of Criminal Procedure 11 during the plea colloquy. Regarding the sentencing challenges, the court applied a deferential abuse-of-discretion standard. It found the district court properly calculated the advisory guidelines range and considered the factors under 18 U.S.C. § 3553(a). Specifically, the court rejected Simmons's claim that considering his possession of a third gun was a procedural defect, noting that § 3553(a) requires courts to consider a defendant's history and characteristics, including continued criminal conduct. The court also found no error in the district court's verification of the presentence report or in its remarks regarding the community's interest in preventing gun violence, which did not violate due process.
The decision reaffirms the Fourth Circuit's binding precedent that as-applied Second Amendment challenges to felon-in-possession statutes are not viable under current law. It clarifies that defendants who fail to withdraw a guilty plea in the district court face a high bar of plain error review, requiring them to show a reasonable probability that the outcome would have been different. For sentencing, the ruling confirms that district courts may consider a defendant's history of continued gun possession and community impact under § 3553(a) even if those specific acts are not part of the offense of conviction or relevant conduct for guideline calculations. The case is remanded to the district court for entry of judgment, with counsel required to inform Simmons of his right to petition the Supreme Court.
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