United States v. Ketzner
United States v. Ketzner
Opinion
Appellate Case: 24-1458 Document: 27-1 Date Filed: 06/09/2025 Page: 1 FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS June 9, 2025 FOR THE TENTH CIRCUIT _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v. No. 24-1458 (D.C. No. 21-CR-00036-GPG-JMC-1) JASON KETZNER, (D. Colo.)
Defendant - Appellant. _________________________________
ORDER AND JUDGMENT* _________________________________
Before FEDERICO, BALDOCK, and MURPHY, Circuit Judges.** _________________________________
After a grand jury indicted Jason Ketzner of being a felon in
possession of a firearm in violation of 18 U.S.C. § 922(g)(1), Ketzner moved
to dismiss the indictment, challenging the statute on Second Amendment
grounds. The district court denied Ketzner’s motion, concluding Tenth
* This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Federal Rule of Appellate Procedure 32.1 and Tenth Circuit Rule 32.1.
After examining the briefs and appellate record, this panel has **
determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. Appellate Case: 24-1458 Document: 27-1 Date Filed: 06/09/2025 Page: 2
Circuit precedent foreclosed such a challenge. Ketzner entered a conditional
guilty plea without a plea agreement, reserving his right to appeal the
denial of the motion to dismiss. And indeed, Ketzner raises one issue on
appeal, which is the same constitutional challenge previously raised. But
we cannot ignore our recent decision to reaffirm the constitutionality of
§ 922(g)(1). See Vincent v. Bondi, 127 F.4th 1263, 1265–66 (10th Cir. 2025).
Applying this precedent, as we are bound to do, we thus exercise jurisdiction
under 28 U.S.C. § 1291 and AFFIRM.
Entered for the Court
Richard E.N. Federico Circuit Judge
2
Reference
- Status
- Unpublished