Appellate Case: 25-8010 Document: 27-1 Date Filed: 09/03/2025 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT September 3, 2025 _______________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 25-8010 (D.C. No. 2:24-CR-00146-SWS-1) MICHAEL LEE SMITH, (D. Wyo.) Defendant - Appellant. _______________________________________ ORDER AND JUDGMENT * _______________________________________ Before BACHARACH, MORITZ, and ROSSMAN, Circuit Judges. _______________________________________ When individuals are convicted of felonies, federal law prohibits the possession of firearms. 18 U.S.C. § 922(g)(1). Mr. Michael Lee Smith was convicted under this law. Challenging this conviction, he claims that the law violates the Second Amendment because his prior convictions didn’t involve violence.

* The parties do not request oral argument, and it would not help us decide the appeal. So we have decided the appeal based on the record and the parties’ briefs. See Fed. R. App. P. 34(a)(2)(C); 10th Cir. R. 34.1(G).

Our order and judgment is not binding precedent except under the doctrines of law of the case, res judicata, and collateral estoppel. But the order and judgment may be cited for its persuasive value if otherwise appropriate. See Fed. R. App. P. 32.1(a); 10th Cir. R. 32.1(A).

Appellate Case: 25-8010 Document: 27-1 Date Filed: 09/03/2025 Page: 2

We have rejected identical claims in Vincent v. Garland, 80 F.4th 1197, 1202 (10th Cir. 2023), and Vincent v. Bondi, 127 F.4th 1263, 1266 (10th Cir. 2025). We are bound by these precedents. United States v. Salazar, 987 F.3d 1248, 1254 (10th Cir. 2021). Following these precedents, we reject Mr. Smith’s constitutional challenge and affirm his conviction.

Entered for the Court

Robert E. Bacharach Circuit Judge