United States v. Devonta Cobbs

U.S. Court of Appeals for the Eighth Circuit

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Submitted: January 14, 2025 Filed: April 25, 2025 [Unpublished] ____________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on their right to bear arms”); United States v. Tucker, No. 23-2758, 2024 WL 3634232, at *2 (8th Cir. Aug. 2, 2024) (unpublished per curiam) (rejecting a facial challenge to § 922(g)(3) because “another panel of this court held the law is not facially unconstitutional” in Veasley); United States v. Shannon, No. 24-1227, 2024 WL 4224030, at *1 (8th Cir. Sept. 18, 2024) (unpublished per curiam) (finding the defendant’s facial challenge to § 922(g)(3) fails “as he has not demonstrated any error that was clear or obvious under current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Unpublished