United States v. Devonta Cobbs
United States v. Devonta Cobbs
Opinion
United States Court of Appeals For the Eighth Circuit ___________________________
No. 24-1963 ___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Devonta Cobbs
lllllllllllllllllllllDefendant - Appellant ____________
Appeal from United States District Court for the Northern District of Iowa - Western ____________
Submitted: January 14, 2025 Filed: April 25, 2025 [Unpublished] ____________
Before SMITH, BENTON, and ERICKSON, Circuit Judges. ____________
PER CURIAM.
Devonta Cobbs conditionally pleaded guilty to possession of a firearm as an unlawful user of a controlled substance, in violation of 18 U.S.C. § 922(g)(3), reserving his right to facially challenge § 922(g)(3)’s constitutionality. On appeal, he argues that his conviction under § 922(g)(3) violates the Second Amendment. Cobbs’s “facial challenge is defeated by controlling precedent.” Clark v. United States, 124 F.4th 1109, 1109 (8th Cir. 2025) (citing United States v. Veasley, 98 F.4th 906, 918 (8th Cir. 2024) (finding § 922(g)(3) constitutional because “at least some drug users and addicts fall within a class of people who historically have had limits placed on their right to bear arms”); United States v. Tucker, No. 23-2758, 2024 WL 3634232, at *2 (8th Cir. Aug. 2, 2024) (unpublished per curiam) (rejecting a facial challenge to § 922(g)(3) because “another panel of this court held the law is not facially unconstitutional” in Veasley); United States v. Shannon, No. 24-1227, 2024 WL 4224030, at *1 (8th Cir. Sept. 18, 2024) (unpublished per curiam) (finding the defendant’s facial challenge to § 922(g)(3) fails “as he has not demonstrated any error that was clear or obvious under current law”)).
The judgment of the district court1 is affirmed. ______________________________
1 The Honorable Leonard T. Strand, United States District Judge for the Northern District of Iowa.
-2-
Reference
- Status
- Unpublished