Topic
Every decision we've filed under Firearms.
The Tenth Circuit affirmed Ryan Carl Lowmaster's conviction for being a felon in possession of a firearm, rejecting his Second Amendment challenge as foreclosed by binding circuit precedent. The court relied on its prior decision in Vincent v. Garland, which was readopted after the Supreme Court denied certiorari on the matter.
The Fifth Circuit affirmed the conviction of a convicted felon for possession of a firearm, rejecting his constitutional challenges to the federal statute. The court held that binding precedent foreclosed the defendant's Second Amendment claim and that he had conceded his Commerce Clause argument.
The Fifth Circuit affirmed Robert Carlos Cerrillo's conviction and sentence for unlawful firearm possession, rejecting his claim that the district court erred in applying an enhanced sentencing guideline based on attempted murder. The court further held that Cerrillo's facial constitutional challenge to the federal firearms statute was foreclosed by controlling precedent.
The Fourth Circuit affirmed a 120-month sentence for firearm possession by a felon, ruling that any error in calculating the Sentencing Guidelines was harmless. The court held that the district court would have imposed the same sentence regardless of the Guidelines calculation and that the sentence was substantively reasonable given the defendant's conduct.
The Sixth Circuit affirmed Paul Curry's convictions for drug trafficking and firearm offenses, finding the evidence sufficient to prove intent to distribute and that the firearm facilitated the crime. The court also upheld the admission of jail call recordings and rejected Curry's challenge to his sentence, which fell within the recommended Guidelines range.
The Sixth Circuit vacated a district court's dismissal of a felon-in-possession indictment because the lower court applied an incorrect legal standard for Second Amendment challenges. The appellate court instructed the district court to reconsider the motion under the current framework established in United States v. Williams.
The Eighth Circuit affirmed Jimmy Clyde Timberlake's conviction and 180-month sentence for felon in possession of a firearm and drug trafficking offenses. The court rejected challenges regarding the admission of a non-testifying witness's statement and the use of a prior drug-trafficking conviction, finding no reversible error in the district court's proceedings.
The Fifth Circuit reversed a district court's dismissal of an indictment charging a Roblox user with transmitting threats in interstate commerce. The appellate court held that determining whether online statements constitute unprotected true threats requires a trial to resolve disputed factual questions about context and intent.
The Eighth Circuit affirmed Oscar Navarro-Zepeda's conviction and 204-month sentence for drug trafficking and firearm possession. The court held that the defendant's waiver of Federal Rule of Evidence 410 allowed the government to use plea stipulations against him after he contradicted them during the change-of-plea hearing.
The Ninth Circuit affirmed convictions under 18 U.S.C. § 922(g)(9), ruling that the federal ban on firearm possession by domestic violence misdemeanants is constitutional under the Second Amendment. The court held that the statute aligns with historical traditions of disarming dangerous classes and does not require individualized findings of future dangerousness for each offender.