United States Fourth Circuit

Defendant's sentence and conviction for being a felon in possession of a firearm are affirmed where: 1) defendant's as-applied challenge to section 922(g)(1), that even as a convicted felon he was entitled under the Second Amendment to possess a firearm in his home for self-defense purposes, is rejected as he has failed to rebut the presumptively lawful status of the statute under which he was convicted; 2) defendant's arguments concerning the interstate commerce nexus element are meritless; and 3) defendant was properly denied an offense level decrease for acceptance of responsibility.

Appellate Information

• Decided 08/13/2012
• Published 08/13/2012

Judges

• King

Court

• United States Fourth Circuit

Counsel