Topic
Every decision we've filed under Firearms.
The Fifth Circuit affirmed a 162-month prison sentence for a felon in possession of a firearm, rejecting arguments regarding sentencing enhancements. Because the defendant failed to preserve his objections in the district court, the appellate court reviewed the case only for plain error and found no clear mistake.
The Sixth Circuit affirmed the conviction of a defendant charged with gun and drug offenses. The court held that probable cause for a search warrant remained valid despite a three-day delay between the last observed drug transaction and the warrant application.
The Tenth Circuit affirmed Octavio Jimenez-Marquez's conviction for possessing firearms in furtherance of a drug-trafficking crime, finding the evidence sufficient under established factors. The court also rejected a constitutional vagueness challenge, clarifying that the 'in furtherance of' standard provides fair notice to defendants.
The Eleventh Circuit affirmed Tyreic Brewer's convictions for being a felon in possession of a firearm, rejecting his Second Amendment challenge under binding precedent. The court also upheld the 60-month sentence, finding it reasonable given Brewer's repeated offenses and history of obstructing justice.
The Sixth Circuit affirmed Tony Wilkinson's conviction for felon in possession of a firearm, ruling that his extensive criminal history establishes he is dangerous under the Second Amendment. The court held that no remand was necessary because the record evidence indisputably showed Wilkinson posed a threat to the community.
The Sixth Circuit affirmed Mario Delaine's fifteen-year mandatory minimum sentence under the Armed Career Criminal Act, holding that his prior convictions qualified as violent felonies. The court clarified that state-law offenses satisfy the federal definition when they require intentional force, regardless of whether the defendant intended to cause specific injury.
The Ninth Circuit affirmed Christian Riner's conviction for possessing ammunition as a prohibited person, rejecting his Second Amendment challenges under controlling precedent. The court also upheld the admissibility of evidence seized during a vehicle inventory search, deferring to the district court's finding that the search was not pretextual.
The Eighth Circuit affirmed the denial of a motion to dismiss an indictment for a prohibited person possessing a firearm. The court held that existing precedent forecloses Second Amendment challenges to the federal statute prohibiting felons from possessing firearms.
The Seventh Circuit reversed a district court's ruling that invalidated 18 U.S.C. §922(g)(1) on its face under the Second Amendment. The appellate court held that Supreme Court precedent does not categorically prohibit disarming all felons, particularly those with histories of dangerous conduct.
The Seventh Circuit affirmed Edlando Watson's conviction for possessing a firearm as a felon, holding that disarming individuals convicted of dangerous drug-dealing felonies aligns with the nation's historical tradition. The court applied the Supreme Court's two-step *Bruen* test to find the statute constitutional as applied to Watson, while explicitly declining to rule on whether non-dangerous felons may be similarly restricted.