CLICK HERE FOR FULL TEXT |
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JAYLAN MILES RA SHAWN GORE,
Defendant-Appellant. |
No. 23-3640 |
Appeal from the United States District Court for the Southern District of Ohio at Columbus.
No. 2:23-cr-00004-1—Sarah Daggett Morrison, District Judge.
Argued: June 13, 2024
Decided and Filed: October 8, 2024
Before: GILMAN, STRANCH, and LARSEN, Circuit Judges.
_________________________
OPINION
_________________________
LARSEN, Circuit Judge. Jaylan Gore was charged with possessing a stolen firearm, in
violation of 18 U.S.C. § 922(j), and with receiving a firearm while under felony indictment, in
violation of 18 U.S.C. § 922(n). Gore moved to dismiss the indictment on the ground that
§ 922(j) and (n) violate the Second Amendment. The district court denied the motion, and
Gore’s case went to trial. During voir dire, Gore raised a Batson challenge to the prosecutor’s
peremptory strike of the last black juror on the panel. The district court rejected that challenge
after finding that the prosecutor’s motivations were race neutral. The jury convicted on both
counts, and the district court sentenced Gore to 18 months’ imprisonment. For the reasons that
follow, we AFFIRM. |
CLICK HERE FOR FULL TEXT |
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
CHRISTOPHER GOINS,
Defendant-Appellant. |
No. 23-5848 |
Appeal from the United States District Court for the Eastern District of Kentucky at Lexington.
No. 5:22-cr-00091-1—Gregory F. Van Tatenhove, District Judge.
Argued: March 21, 2024
Decided and Filed: October 8, 2024
Before: GIBBONS, BUSH, and MURPHY, Circuit Judges.
_________________________
OPINION
_________________________
JULIA SMITH GIBBONS, Circuit Judge. Christopher Goins challenges the
constitutionality of 18 U.S.C. § 922(g)(1) following the Supreme Court’s decision in New York
State Rifle and Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022), as applied to himself.
Section 922(g)(1) declares it unlawful for any person “who has been convicted in any court
of . . . a crime punishable by imprisonment for a term exceeding one year” to ship, transport,
possess, or receive firearms or ammunition via interstate or foreign commerce. 18 U.S.C
§ 922(g)(1). The law thus prohibits firearm ownership by felons, unless such individuals receive
expungement, a pardon, or other post-conviction relief. See id. § 921(a)(20). Goins raises an as-applied challenge, arguing under Bruen that this Nation’s historical tradition of firearm
regulation does not support prohibiting felons like him from possessing firearms, and thus the
Second Amendment renders § 922(g)(1) unconstitutional as applied to him. We consider this
issue de novo and hold that § 922(g)(1) is constitutional as applied to Goins. |
CLICK HERE FOR FULL TEXT |
OPAWL - BUILDING AAPI FEMINIST LEADERSHIP;
NORTHEAST OHIO COALITION FOR THE HOMELESS;
ELISA BREDENDIEK; PETER QUILLIGAN; JOHN
GERRATH,
Plaintiffs-Appellees,
v.
DAVE YOST, in his official capacity as Ohio Attorney
General; FRANK LAROSE, in his official capacity as
Ohio Secretary of State,
Defendants-Appellants. |
Nos. 24-3768 |
On Motion for Stay Pending Appeal.
United States District Court for the Southern District of Ohio at Columbus.
No. 2:24-cv-03495—Michael H. Watson, District Judge.
Decided and Filed: October 8, 2024
Before: McKEAGUE, THAPAR, and DAVIS, Circuit Judges.
_________________________
OPINION
_________________________
THAPAR, Circuit Judge. Ohio passed a law to stop foreign money from influencing its
elections. The law bans foreign nationals from spending money to support or defeat ballot
initiatives. It also bans foreign nationals from contributing to candidates in state elections.
After plaintiffs brought a First Amendment challenge, the district court found that Ohio’s
law violates the rights of lawful permanent residents. The district court preliminarily enjoined
Ohio from enforcing its new campaign finance law with respect to all foreign nationals. Ohio
appealed the district court’s decision. It also asked us for an emergency stay of the district
court’s order so that Ohio can enforce its law while we consider the merits of the appeal.
Because our initial review suggests that the district court’s First Amendment analysis was
flawed, we now grant Ohio’s motion for a stay of the district court’s order. |
|