United States Eighth Circuit

Defendant's conviction for possession of a firearm while being an unlawful user of, or addicted to, a controlled substance is affirmed where: 1) defendant waived his Fed. R. Crim. P. 48 argument by pleading guilty; 2) defendant's Second Amendment challenge was jurisdictional and, therefore, survived his guilty plea; and 3) 18 U.S.C. section 922(g)(3) was the type of "longstanding prohibition[] on the possession of firearms" that Heller declared presumptively lawful.

Appellate Information

• Decided 09/08/2010
• Published 09/08/2010

Judges

• Bobby E. Shepherd

Court

• United States Eighth Circuit

Counsel