Topic
Every decision we've filed under Firearms.
The Fourth Circuit affirmed the conviction of a convicted felon for firearm possession, rejecting both facial and as-applied Second Amendment challenges. The court held that its prior precedent in United States v. Canada and United States v. Hunt remains binding despite recent Supreme Court rulings.
The Fourth Circuit affirmed England Eugene Adams' convictions and sentence while dismissing claims barred by his valid plea agreement appeal waiver. The court found the waiver knowing and voluntary under the totality of the circumstances and identified no meritorious issues for appeal.
The Fifth Circuit granted the government's unopposed motion for summary affirmance, rejecting an appellant's first-time constitutional challenges to a federal firearms statute. The court affirmed the conviction and sentence without addressing the merits of the Second Amendment or Commerce Clause arguments.
The Fifth Circuit affirmed Shaun Marqus Robinson's conviction for possessing a firearm after a felony conviction, rejecting his Second Amendment challenges as foreclosed by controlling precedent. The court held that both facial and as-applied challenges fail because the statute remains valid under existing case law and Robinson's specific prior conviction.
The Fourth Circuit affirmed Ethan D. Delauder's conviction for possessing a firearm after a misdemeanor domestic violence conviction, rejecting his Second Amendment challenge. The court held that his facial challenge was foreclosed by precedent and his as-applied challenge was waived for failure to develop the argument.
The Fourth Circuit affirmed Tomonta Simmons's conviction for unlawful firearm possession by a felon, rejecting his Second Amendment challenge to his guilty plea. The court also upheld his sentence, finding no procedural or substantive error in the district court's application of sentencing guidelines.
The Fourth Circuit affirmed a 105-month prison sentence for a felon in possession of a firearm, rejecting claims that the sentence was procedurally or substantively unreasonable. The court held that the district court properly considered the defendant's arguments and adequately justified an upward variance from the Sentencing Guidelines.
The Tenth Circuit affirmed Jackey Wayne Nunamaker's conviction for being a felon in possession of a firearm, rejecting his Second Amendment challenge to the statute. The panel held that its prior decision in Vincent v. Bondi controls and precludes such challenges, even for non-violent felony offenders.
The Fifth Circuit affirmed Desmonte Dwayne Leonard's conviction for felon-in-possession of a firearm, ruling that his facial Second Amendment challenge is foreclosed by binding precedent. The court granted the government's motion for summary affirmance, citing United States v. Diaz as controlling authority.
The Fifth Circuit affirmed the district court's judgment, holding that the Laredo Police Department's investigatory stop was supported by reasonable suspicion. Because the stop was lawful, the court rejected the defendant's motion to suppress evidence gathered during the encounter.