/f4th/142/308

Court of Appeals for the Fifth Circuit · 2025-06-30

Original case on neochart.com

Case and law context

18 U.S.C. § 922(g)

Role: applied; posture: criminal; motion to dismiss the indictment (Second Amendment, facial and as applied) denied; guilty plea without a plea agreement, preserving the constitutional challenge; on appeal the only reasoned issue is the as-applied Second Amendment challenge by a defendant whose predicate felonies are drug trafficking; conviction affirmed (one judge concurring in part and in the judgment); result: claimant-won; claim: (g)(1)

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopeVariantExact source quotations
/f4th/142/308 — Court of Appeals for the Fifth Circuit · 2025Possession in or affecting commercenot_reached
Excluded from merits counts
applied / procedural

claim: (g)(1)

Footnote 2 only: a Commerce Clause challenge to (g)(1) (and the facial Second Amendment challenge) is acknowledged by the defendant to be foreclosed by circuit precedent. A constitutional attack on the statute, not a ruling on the nexus element; no evidence about the gun's origin is stated.
Unspecified variantNo source quotation recorded for this block.
/f4th/142/308 — Court of Appeals for the Fifth Circuit · 2025Actual or constructive possessionsatisfied
Excluded from merits counts
applied / lower-court

basis: conceded; claim: (g)(1)

Admitted by plea; not reviewed on appeal.
actual/control
As Kimble fled, officers observed him discard a handgun from his waistband. The officers caught up, arrested Kimble, and recovered the gun.
Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/308; Unicode character offsets [2429:2568] (end exclusive); SHA-256 3ad9f2ba17f1e40b90ceae5e47c6bd323001ae5f9267eeaa22294306e0765460.

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

Kimble then pleaded guilty without the benefit of a plea agreement.
Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/308; Unicode character offsets [3240:3307] (end exclusive); SHA-256 3ad9f2ba17f1e40b90ceae5e47c6bd323001ae5f9267eeaa22294306e0765460.

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

/f4th/142/308 — Court of Appeals for the Fifth Circuit · 2025Conviction punishable by more than one yearsatisfied
Excluded from merits counts
applied / lower-court

basis: conceded; claim: (g)(1)

Established by the guilty plea accepted in the district court; the court of appeals recites the two felony convictions and never treats the status element as open. The predicate felonies matter on appeal only as the "criminal history" tested against the Second Amendment.
prior-felony/state-and-federal-drug-trafficking-convictions
He was sentenced to six years’ confinement for that state-level felony but served just one year.
Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/308; Unicode character offsets [1389:1485] (end exclusive); SHA-256 3ad9f2ba17f1e40b90ceae5e47c6bd323001ae5f9267eeaa22294306e0765460.

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

He pleaded guilty to a federal felony: possession with intent to distribute a detectable quantity of cocaine. He was sentenced to 18 months in prison followed by four years of supervised release.
Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/308; Unicode character offsets [1618:1813] (end exclusive); SHA-256 3ad9f2ba17f1e40b90ceae5e47c6bd323001ae5f9267eeaa22294306e0765460.

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

Kimble then pleaded guilty without the benefit of a plea agreement.
Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/308; Unicode character offsets [3240:3307] (end exclusive); SHA-256 3ad9f2ba17f1e40b90ceae5e47c6bd323001ae5f9267eeaa22294306e0765460.

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

Title 18 U.S.C. § 922(g)(1) makes it unlawful for an individual to pos- sess a firearm if he “has been convicted in any court of[] a crime punishable by imprisonment for a term exceeding one year.”
Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/308; Unicode character offsets [3730:3927] (end exclusive); SHA-256 3ad9f2ba17f1e40b90ceae5e47c6bd323001ae5f9267eeaa22294306e0765460.

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

Court interpretations recorded from this case