United States v. Bandak Deng — 142 F.4th 1075 (2025) · Court of Appeals for the Eighth Circuit · 2025

Court of Appeals for the Eighth Circuit · 2025-07-09

18usc922: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)

Original case on neochart.com

Case and law context

18 U.S.C. § 922(g)

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

18 U.S.C. § 922(g)
CaseOne applicable prohibited categorySection 925(a)(1) government-use firearm or ammunition exceptionActual or constructive possessionFirearm or ammunition under section 921Possession in or affecting commerceKnowledge 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

18 U.S.C. § 922(g)
CaseKnowledge of the relevant disqualifying statusSecond Amendment limit on the unlawful-user theory applied to HemaniShip or transport in interstate or foreign commerceKnowing shipping, transportation or receiptReceipt of the prohibited objectReceived 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

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopePatternExact 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 ammunitionsatisfied
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.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

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.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

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.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

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.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

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.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

“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.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

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 nexussatisfied
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.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

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.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations recorded from this case