United States Fourth Circuit

In a prosecution on two counts of possessing a firearm or ammunition while subject to a domestic violence protective order in violation of 18 USC section 922(g)(8), the judgment of conviction is: 1) affirmed in part, where the statute and its application to the defendant's firearm use the same day he was served with a protective order did not violate the Second Amendment under the intermediate scrutiny standard; and 2) reversed in part and remanded for resentencing, where it was plain error to convict and sentence the defendant on two separate counts for the simultaneous possession of a firearm and ammunition under section 922(g)(8).

Appellate Information

• Decided 02/03/2012
• Published 02/03/2012

Judges

• Wilkinson

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Kevin R. Brehm, George Zachary Terwilliger