We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

SPEAKING OF GUNS…

… as we were yesterday (at least obliquely) you may recall that last month an Oklahoma district court threw out an 18 USC § 922(g)(3) indictment against a man for possessing a gun along with some personal-use marijuana. The district court dismissal was based on the 2022 Supreme Court New York State Rifle & Pistol Ass’n v. Bruen decision.

Last Friday, the government filed a notice of appeal, asking the 10th Circuit to review the case.

Another case, Cooper v. Attorney General, brought by three Floridians using medical marijuana, is currently being briefed in the 11th Circuit. That case also questions § 922(g)(3)’s constitutionality.

Order (ECF 36), United States v. Harrison, Case 5:22-cr-00328, 2023 US DistLEXIS 18397 (WDOkla, February 3, 2023)

Marijuana Moment, Justice Department Appeals Federal Court Decision That Struck Down Gun Rights Ban For Marijuana Consumers (March 6, 2023)

New York State Rifle & Pistol Ass’n v. Bruen, 597 US —, 142 SCt 2111 (2022)

Cooper v. Attorney General, Case No 22-13893 (11th Cir)

– Thomas L. Root