United States Fourth Circuit

In a prosecution of a person for being a felon in possession of a firearm in violation of 18 USC section 922(g)(1), the district court's denial of the defendant's motion to dismiss on Second Amendment grounds is affirmed, but its order that the defendant repay the incurred court-appointed attorneys' fees is vacated and remanded, where: 1) the statute was constitutional as applied to the defendant; and 2) on the record before the Fourth Circuit, the district court erred by failing to make the mandatory statutory findings that funds were available to the defendant for repayment as required to order reimbursement under the Criminal Justice Act.

Appellate Information

• Decided 01/25/2012
• Published 01/25/2012

Judges

• Agee

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Matthew Segal, Amy Elizabeth Ray