United States v. Aaron Lindsey

United States Court of Appeals

For the Eighth Circuit ___________________________ No. 23-2871 ___________________________ United States of America

Plaintiff - Appellee v. Aaron Christopher Lindsey

Defendant - Appellant

____________ Appeal from United States District Court for the Southern District of Iowa - Central ____________ Submitted: December 6, 2024 Filed: December 16, 2024 [Unpublished] ____________

Before COLLOTON, Chief Judge,1 GRUENDER, and KELLY, Circuit Judges.

____________ PER CURIAM.

Aaron Lindsey pleaded guilty to one count of making false statements to a financial institution and conditionally pleaded guilty to one count of being a felon in possession of a firearm, preserving his right to appeal the district court’s 2 denial of his motion to dismiss the felon-in-possession charge. He was sentenced to 48 months’ imprisonment. Lindsey appeals, arguing that the felon-in-possession statute, 18 U.S.C. § 922(g)(1), violates the Second Amendment both on its face and as applied to him.

We affirmed the district court’s judgment in May 2024. United States v. Lindsey, No. 23-2871, 2024 WL 2207445 (8th Cir. May 16, 2024). The case is now on remand from the Supreme Court for further consideration in light of United States v. Rahimi, 602 U.S. 680 (2024).

We again conclude that precedent forecloses Lindsey’s contentions. Following the Supreme Court’s decision in Rahimi, we held that “[t]he longstanding prohibition on possession of firearms by felons is constitutional,” United States v. Cunningham, 114 F.4th 671, 675 (8th Cir. 2024), and that there is “no need for felony-by-felony litigation regarding the constitutionality of § 922(g)(1),” United States v. Jackson, 110 F.4th 1120, 1125 (8th Cir. 2024). Accordingly, Lindsey’s facial and as-applied constitutional challenges to § 922(g)(1) fail.

Affirmed.