Court of Appeals for the Eighth Circuit · 2025-07-09
18usc922: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)
Case and law context
Role: applied; posture: criminal appeal after jury conviction under § 922(g)(3); issues on appeal were Batson, exclusion of parts of the defendant's interview (harmless-error), and a facial Second Amendment challenge raised by motion for acquittal; affirmed (one judge dissenting on Batson); result: claimant-won; claim:
Uncertainty
Element knowledge-possession: other: the original block was filed under `possession` (constructive, gun in a car he controlled); the court's only ruling is on KNOWING possession, in a harmless-error analysis
Misfit
The facial Second Amendment challenge to § 922(g)(3) (rejected on circuit precedent, Veasley/Cooper) has no law-side id: `hemani-as-applied` is an as-applied limit and post-dates this opinion.
B · Case × element grid
Top-level elements follow claim order in panels of up to six elements. Case rows repeat across panels. Every recorded block retains its holding and basis; multiple blocks are not merged into a case-level verdict. ✓ satisfied · ✗ not satisfied · ○ not reached · · not addressed. Muted blocks are not counted. Sub-element evidence remains on case and element pages.
Elements 1–6 of 12
| Case | One applicable prohibited category | Section 925(a)(1) government-use firearm or ammunition exception | Actual or constructive possession | Firearm or ammunition under section 921 | Possession in or affecting commerce | Knowledge of possessing the firearm or ammunition |
|---|---|---|---|---|---|---|
| United States v. Bandak Deng — 142 F.4th 1075 (2025) · Court of Appeals for the Eighth Circuit · 2025 (18usc922: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed | ✓ satisfied · provedNot counted: applied/procedural |
Elements 7–12 of 12
| Case | Knowledge of the relevant disqualifying status | Second Amendment limit on the unlawful-user theory applied to Hemani | Ship or transport in interstate or foreign commerce | Knowing shipping, transportation or receipt | Receipt of the prohibited object | Received object previously shipped or transported across borders |
|---|---|---|---|---|---|---|
| United States v. Bandak Deng — 142 F.4th 1075 (2025) · Court of Appeals for the Eighth Circuit · 2025 (18usc922: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed |
Instances and excluded annotation blocks
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| United States v. Bandak Deng — 142 F.4th 1075 (2025) · Court of Appeals for the Eighth Circuit · 2025 — satisfied · proved (18usc922: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Knowledge of possessing the firearm or ammunition | satisfied Excluded from merits counts applied / procedural basis: proved; party: Bandak Wiyual Deng; count: 18 U.S.C. § 922(g)(3); subject: party=Bandak Wiyual Deng; count=18 U.S.C. § 922(g)(3) Not a sufficiency ruling: the court holds any error in excluding parts of the interview harmless because the other evidence of knowing possession was ample. Deng's theory was that he may have possessed a gun but not knowingly the one hidden in the car. | gun hidden under the dashboard of the car the defendant drove; he denied it was his but admitted touching and test-firing it and knew its load | They also found a gun under the dashboard—a Smith & Wesson 40-caliber pistol, loaded with three 9- millimeter rounds.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/1075; Unicode character offsets [2216:2333] (end exclusive); SHA-256 56bf3ae3c1ccc1f767d68526b65ddda8b14889ac303cc9411ede9324508cbf3d.During the recorded conversation, Deng told the informant that he could not sell the gun then because he needed it for a funeral on February 26.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/1075; Unicode character offsets [1755:1899] (end exclusive); SHA-256 56bf3ae3c1ccc1f767d68526b65ddda8b14889ac303cc9411ede9324508cbf3d.But he later admitted touching it and test-firing it into a lake.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/1075; Unicode character offsets [2898:2963] (end exclusive); SHA-256 56bf3ae3c1ccc1f767d68526b65ddda8b14889ac303cc9411ede9324508cbf3d.Deng also said he had only three bullets in the gun.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/1075; Unicode character offsets [2964:3016] (end exclusive); SHA-256 56bf3ae3c1ccc1f767d68526b65ddda8b14889ac303cc9411ede9324508cbf3d.Detective White also testified that in the interview Deng asked him what type of gun was found in the car.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/1075; Unicode character offsets [20517:20623] (end exclusive); SHA-256 56bf3ae3c1ccc1f767d68526b65ddda8b14889ac303cc9411ede9324508cbf3d.“The record is replete with other evidence that would allow the jury to conclude that” Deng knowingly possessed the Smith & Wesson gun found in his car.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/1075; Unicode character offsets [21166:21318] (end exclusive); SHA-256 56bf3ae3c1ccc1f767d68526b65ddda8b14889ac303cc9411ede9324508cbf3d. |
| United States v. Bandak Deng — 142 F.4th 1075 (2025) · Court of Appeals for the Eighth Circuit · 2025 — satisfied · proved (18usc922: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Current unlawful use with the applicable temporal nexus | satisfied Excluded from merits counts applied / lower-court basis: proved; party: Bandak Wiyual Deng; count: 18 U.S.C. § 922(g)(3); subject: party=Bandak Wiyual Deng; count=18 U.S.C. § 922(g)(3) Jury finding only. The unlawful-user element was not contested on appeal and the opinion does not analyse it; the motion for acquittal the court affirms was the facial Second Amendment challenge. | admitted drug use since 2012, marijuana and cocaine within days of the stop; marijuana in the car | There, Deng admitted to using drugs since 2012, including marijuana and cocaine in the last few days.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/1075; Unicode character offsets [2452:2553] (end exclusive); SHA-256 56bf3ae3c1ccc1f767d68526b65ddda8b14889ac303cc9411ede9324508cbf3d.With his consent, officers searched the car, finding marijuana.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/1075; Unicode character offsets [2152:2215] (end exclusive); SHA-256 56bf3ae3c1ccc1f767d68526b65ddda8b14889ac303cc9411ede9324508cbf3d. |