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Reyes v. Sessions, No. 17-1643 (JDB) (D.D.C.) ( F.Supp.3d ) (September 28, 2018) (Judge John D. Bates)

Article • September 24, 2018 • from P&J September, 2018

Filed under: Punch And Jurists, Prohibited Persons

Reyes v. Sessions, No. 17-1643 (JDB) (D.D.C.) ( F.Supp.3d ) (September 28, 2018) (Judge John D. Bates) by

U.S. v. Huitron-Guizar, No. 11-8051 (10th Cir.) (678 F.3d 1164) (May 7, 2012) (Judge Paul J. Jr. Kelly)

Article • May 14, 2012 • from P&J May, 2012

Filed under: Punch And Jurists, Illegal Aliens

U.S. v. Huitron-Guizar, No. 11-8051 (10th Cir.) (678 F.3d 1164) (May 7, 2012) (Judge Paul J. Jr. Kelly) by Here the Court joined with the Fifth and Eighth Circuits in rejecting a constitutional challenge to the validity of the Federal alien-in-possession statute, 18 U.S.C. § 822(g)(5)(A), principally on the grounds …

U.S. v. Flores, No. 11-1550 (8th Cir.) (663 F.3d 1022) (December 16, 2011) (Per Curiam)

Article • December 26, 2011 • from P&J December, 2011

Filed under: Punch And Jurists, Illegal Aliens

U.S. v. Flores, No. 11-1550 (8th Cir.) (663 F.3d 1022) (December 16, 2011) (Per Curiam) by Here, citing the decision and reasoning of the Fifth Circuit in U.S. v. Portillo-Munoz, 643 F.3d 437 (5th Cir. June 13, 2011) (petition for cert. filed Nov. 2, 2011) (P&J, 07/11/11), the Eighth Circuit …

U.S. v. Weaver, No. 10-4885 (4th Cir.) (659 F.3d 353) (October 25, 2011) (Judge J. Harvie III Wilkinson)

Article • December 12, 2011 • from P&J December, 2011

Filed under: Punch And Jurists, "Employed For" a Convicted Felon

U.S. v. Weaver, No. 10-4885 (4th Cir.) (659 F.3d 353) (October 25, 2011) (Judge J. Harvie III Wilkinson) by In this case, the Court addressed a question regarding the meaning and intent of 18 U.S.C. § 922(h), one of the many sweeping Federal gun prohibition statutes, which prohibits a person …

U.S. v. Portillo-Munoz, No. 11-10086 (5th Cir.) (643 F.3d 437) (June 13, 2011) (Judge Will L. Garwood)

Article • July 11, 2011 • from P&J July, 2011

Filed under: Punch And Jurists, Illegal Aliens

U.S. v. Portillo-Munoz, No. 11-10086 (5th Cir.) (643 F.3d 437) (June 13, 2011) (Judge Will L. Garwood) by Here a divided panel held that illegal aliens don’t have Second Amendment rights because they’re not part of “the people,” as that phrase is used in the Second Amendment; and suggested that …

U.S. v. Grover, No. 1;04CR00175-PGC (D.Utah) (364 F.Supp.2d 1298) (April 12, 2005) (Judge Paul G. Cassell)

Article • May 1, 2005 • from P&J May, 2005

Filed under: Punch And Jurists, Unlawful User

U.S. v. Grover, No. 1;04CR00175-PGC (D.Utah) (364 F.Supp.2d 1298) (April 12, 2005) (Judge Paul G. Cassell) by Consistent with the holdings of a number of other courts, Judge Cassell rejected the argument that an “unlawful user” of a controlled substance, for purposes of 18 U.S.C. § 922(g)(3), necessarily means that …

U.S. v. Augustin, No. 03-2795 (3rd Cir.) (376 F.3d 135) (July 23, 2004) (Judge Maryanne Trump Barry)

Article • August 1, 2004 • from P&J August, 2004

Filed under: Punch And Jurists, Unlawful User

U.S. v. Augustin, No. 03-2795 (3rd Cir.) (376 F.3d 135) (July 23, 2004) (Judge Maryanne Trump Barry) by Here the Court vacated a gun conviction under 18 U.S.C. § 922(g)(3), finding that the Government had failed to proved that the defendant was “an unlawful user of or addicted to any …

U.S. v. Bennett, No. 01-8101 (10th Cir.) (329 F.3d 769) (May 22, 2003) (Judge Wade Brorby)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Unlawful User

U.S. v. Bennett, No. 01-8101 (10th Cir.) (329 F.3d 769) (May 22, 2003) (Judge Wade Brorby) by After pleading guilty to possessing a firearm silencer under 26 U.S.C. §§ 5841, 5845, 5861(d), 5871, the United States District Court for the District of Wyoming sentenced defendant to 37 months in prison …

U.S. v. Turnbull, No. 03-1633 (8th Cir.) (349 F.3d 558) (November 14, 2003) (Judge Kermit Edward Bye)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Unlawful User

U.S. v. Turnbull, No. 03-1633 (8th Cir.) (349 F.3d 558) (November 14, 2003) (Judge Kermit Edward Bye) by The defendant in this case was convicted by a jury of possession of a firearm while being an unlawful user of a controlled substance. On appeal, he argued that the evidence was …

U.S. v. Herrera, No. 00-51177 (5th Cir.) (313 F.3d 882) (November 26, 2002) (Per Curiam)

Article • January 1, 2003 • from P&J January, 2003

Filed under: Punch And Jurists, Unlawful User

U.S. v. Herrera, No. 00-51177 (5th Cir.) (313 F.3d 882) (November 26, 2002) (Per Curiam) by Here, without ever addressing the prior panel's reasoning that a person could not be an unlawful user of drugs for purposes of § 922(g)(1) absent frequent use of drugs in large quantities, the Court …

U.S. v. Bayles, No. 01-4092 (10th Cir.) (310 F.3d 1302) (November 15, 2002) (Judge Robert H. Henry)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, Prohibited Persons

U.S. v. Bayles, No. 01-4092 (10th Cir.) (310 F.3d 1302) (November 15, 2002) (Judge Robert H. Henry) by A conviction for possessing a firearm while subject to a domestic violence protective order did not violate the Second Amendment or the Commerce Clause, and the district court abused its discretion in …

U.S. v. Williams, No. CRIM. 3:02CR49 (E.D.Va.) (216 F.Supp.2d 568) (August 9, 2002) (Judge Robert E. Payne)

Article • October 1, 2002 • from P&J October, 2002

Filed under: Punch And Jurists, Prohibited Persons

U.S. v. Williams, No. CRIM. 3:02CR49 (E.D.Va.) (216 F.Supp.2d 568) (August 9, 2002) (Judge Robert E. Payne) by In this case, following the conclusion of evidence at trial, the defendant filed a motion for a judgment of acquittal under Fed. R. Crim. P. 29 on his charge for possession of …

U.S. v. Herrera, No. 00-51177 (5th Cir.) (289 F.3d 311) (April 17, 2002) (Judge Harold R. Jr. DeMoss)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Unlawful User

U.S. v. Herrera, No. 00-51177 (5th Cir.) (289 F.3d 311) (April 17, 2002) (Judge Harold R. Jr. DeMoss) by Among the many and growing categories of persons who are prohibited by Federal law from possessing firearms is any person “who is an unlawful user of or addicted to any controlled …

U.S. v. Jackson, No. 01-4004 (4th Cir.) (280 F.3d 403) (February 7, 2002) (Judge J. Michael Luttig)

Article • March 1, 2002 • from P&J March, 2002

Filed under: Punch And Jurists, Prohibited Persons

U.S. v. Jackson, No. 01-4004 (4th Cir.) (280 F.3d 403) (February 7, 2002) (Judge J. Michael Luttig) by The defendant in this case was convicted of possessing a firearm by an unlawful user of a controlled substance, in violation of 18 U.S.C. § 922(g)(3). On appeal, he argued, inter alia, …

U.S. v. Beavers, No. 99-1829 (6th Cir.) (206 F.3d 706) (February 16, 2000) (Judge Ronald Lee Gilman)

Article • April 1, 2000 • from P&J April, 2000

Filed under: Punch And Jurists, Prohibited Persons

U.S. v. Beavers, No. 99-1829 (6th Cir.) (206 F.3d 706) (February 16, 2000) (Judge Ronald Lee Gilman) by In this case, the Sixth Circuit held that the provisions of 18 U.S.C. § 922(g)(9) are constitutional despite the fact that they do not require the Government to prove that the defendant …

U.S. v. Ficke, No. 8:98CR201 (D.Neb.) (58 F.Supp.2d 1071) (July 16, 1999) (Judge Joseph F. Bataillon)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Prohibited Persons

U.S. v. Ficke, No. 8:98CR201 (D.Neb.) (58 F.Supp.2d 1071) (July 16, 1999) (Judge Joseph F. Bataillon) by

U.S. v. Wilson, No. 98-1256 (7th Cir.) (159 F.3d 280) (October 16, 1998) (Judge William J. Bauer)

Article • December 1, 1998 • from P&J December, 1998

Filed under: Punch And Jurists, Prohibited Persons

U.S. v. Wilson, No. 98-1256 (7th Cir.) (159 F.3d 280) (October 16, 1998) (Judge William J. Bauer) by In this case, the defendant was convicted of possessing a gun while subject to a protective order, in violation of 18 U.S.C. § 922(g)(8). That statute makes it a crime for any …

U.S. v. Chamberlain, No. 98-1324 (1st Cir.) (159 F.3d 656) (November 3, 1998) (Judge Levin H. Campbell)

Article • December 1, 1998 • from P&J December, 1998

Filed under: Punch And Jurists, Prohibited Persons

U.S. v. Chamberlain, No. 98-1324 (1st Cir.) (159 F.3d 656) (November 3, 1998) (Judge Levin H. Campbell) by The Court stated: "We reject Chamberlain's argument that a person is not "committed" for purposes of the federal firearms ban unless all of the requirements set forth in section 3864 - including …

U.S. v. Meade, No. 97-10185-EFH (D.Mass.) (986 F.Supp. 66) (December 17, 1997) (Judge Edward F. Harrington)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Prohibited Persons

U.S. v. Meade, No. 97-10185-EFH (D.Mass.) (986 F.Supp. 66) (December 17, 1997) (Judge Edward F. Harrington) by This is one of the first cases to examine § 921(a)(33) which added "misdemeanor crime of domestic violence" as a new category of persons who are prohibited from possessing firearms. In this case …

U.S. v. Moore, No. 94-30453 (9th Cir.) (109 F.3d 1456) (March 31, 1997) (Judge Stephen S. Trott)

Article • May 1, 1997 • from P&J May, 1997

Filed under: Punch And Jurists, Prohibited Persons

U.S. v. Moore, No. 94-30453 (9th Cir.) (109 F.3d 1456) (March 31, 1997) (Judge Stephen S. Trott) by Here the en banc court reversed a panel's decision which held that the mother of a boy who shot a policeman could not be prosecuted under 18 USC § 922(a)(6) under a …