Opinion
CRIMINAL ACTION 1:18-00339-KD-MU
01-11-2024
UNITED STATES OF AMERICA v. ANTHONY JEROME CARTER, Defendant.
ORDER
KRISTI K. DUBOSE, UNITED STATES DISTRICT JUDGE.
This action is before the Court on Defendant Anthony Jerome Carter's Motion to Dismiss the Indictment under the Second Amendment and New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 213 L.Ed.2d 387, 142 S.Ct. 2111 (2022) (Doc. 47); and the United States' Response (Doc. 50). By reaffirming and adhering to its reasoning in D.C. v. Heller, 554 U.S. 570, 128 S.Ct. 2783, 171 L.Ed.2d 637 (2008) and McDonald v. City of Chicago, Ill., 561 U.S. 742, 130 S.Ct. 3020, 177 L.Ed.2d 894 (2010) the Supreme Court in New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 213 L.Ed.2d 387, 142 S.Ct. 2111 (2022) did not change the regulatory framework that prohibits felons from possessing firearms. Moreover, the Eleventh Circuit has previously rejected a Second Amendment challenge to 922(g)(1) in United States v. Rozier, 598 F.3d 768 (11th Cir. 2010). Accordingly, Defendant Carter's Motion to Dismiss (Doc. 47) is DENIED.
Additionally, Carter's December 11, 2023 motion to dismiss was filed more than 4½ years after he was sentenced and final judgment issued on April 18, 2019 (Doc. 31), yet his motion asserts no legal grounds for dismissal at this point in time.
DONE and ORDERED.