Topic
Every decision we've filed under Firearms.
The United States Court of Appeals for the First Circuit affirmed the conviction of Willie Richard Minor for possessing a firearm after a prior misdemeanor crime of domestic violence, rejecting Second Amendment challenges and upholding the exclusion of evidence regarding his subjective belief about firearm possession rights.
The First Circuit affirmed a ninety-six-month sentence for possessing machine guns and being a felon in possession of firearms, rejecting the defendant's claim that the district court failed to adequately explain an upward variance. The court held that the district court provided a plausible rationale based on the severity of the offenses, the defendant's criminal history, and the specific circumstances of the arrest.
The Supreme Court held that Congress did not clearly authorize cumulative convictions under both 18 U.S.C. § 924(c)(1)(A)(i) and § 924(j) for a single act. The Court reversed the Second Circuit, ruling that a single fatal violation yields only one conviction despite the provisions satisfying the Blockburger test for separate offenses.
The Eleventh Circuit held that the Hobbs Act requires force or threatened force to be used before or during the taking of property to constitute robbery. Because the defendant used force only after the property was stolen and carried away, the court set aside his Hobbs Act robbery conviction.
The Eleventh Circuit held that a district court lacks authority to depart below a statutory minimum sentence for one offense based solely on a government motion for substantial assistance regarding a separate offense. The court vacated the judgment and remanded for resentencing to ensure compliance with the specific statutory minimums attached to each count.
The First Circuit affirmed a felon-in-possession conviction, ruling that circumstantial evidence of control and behavior was sufficient to prove constructive possession of a firearm found under a car seat. The court also held that the defendant waived his facial Second Amendment challenge by failing to adequately develop the argument on appeal.
The First Circuit affirmed Tevin Abercrombie's conviction for unlawful firearm possession by a felon, ruling that circumstantial evidence of his control over the vehicle and suspicious behavior supported a finding of constructive possession. The court also held that Abercrombie waived his facial Second Amendment challenge to the statute by failing to adequately develop the argument on appeal.
The Eleventh Circuit affirmed the federal convictions of William Bryan, Gregory McMichael, and Travis McMichael for interference with rights and attempted kidnapping related to the death of Ahmaud Arbery. The court held that sufficient evidence supported the jury's findings regarding racial animus and the public nature of the streets, and established that automobiles are per se instrumentalities of interstate commerce.
The Ninth Circuit affirmed Brandon Wade Kurns's conviction and sentence for being a felon in possession of a firearm. The panel held that photographic evidence and ATF transfer forms sufficiently proved the enhancements applied, and that the district court did not violate the Fifth Amendment by suggesting Kurns could testify to rebut the government's case.
The Ninth Circuit panel denied petitions for rehearing in a Second Amendment case involving California and Hawaii gun carry restrictions. Dissenting judges argued the panel failed to apply proper historical standards and effectively nullified the right to bear arms in public.