United States v. Ketzner

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* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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