United States v. Aaron Lindsey

U.S. Court of Appeals for the Eighth Circuit

United States v. Aaron Lindsey

Opinion

                  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: April 8, 2024
                                Filed: May 16, 2024
                                   [Unpublished]
                                   ____________

Before GRUENDER, MELLOY, 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 1 denial of


      1
        The Honorable Stephanie M. Rose, Chief Judge, United States District Court
for the Southern District of Iowa.
his motion to dismiss the felon-in-possession charge. He was sentenced to 48
months’ imprisonment. Lindsey now 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.

       Precedent forecloses Lindsey’s contentions. “The longstanding prohibition
on possession of firearms by felons is constitutional.” United States v. Cunningham,
70 F.4th 502, 506
 (8th Cir. 2023); see United States v. Jackson, 
69 F.4th 495
, 502-
06 (8th Cir. 2023) (explaining that § 922(g)(1) is consistent with the nation’s history
and tradition). And our cases rule out the “need for felony-by-felony litigation
regarding the constitutionality of § 922(g)(1).” Jackson, 
69 F.4th at 502
;
Cunningham, 
70 F.4th at 506
. Lindsey acknowledges as much. Accordingly, his
facial and as-applied constitutional challenges to § 922(g)(1) fail.

      Affirmed.
                       ______________________________




                                         -2-


Reference

Status
Unpublished