Opinion
CRIMINAL 23-132 (DWF/ECW)
01-24-2024
United States of America, Plaintiff, v. Kenrick Trevell Young, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
DONOVAN W. FRANK, United States District Judge
INTRODUCTION
Defendant Kenrick Trevell Young moves to dismiss his indictment. (Doc. No. 25.) In a Report and Recommendation (“R&R”), Magistrate Judge Elizabeth Cowan Wright recommended denying the motion. (Doc. No. 47.) Young filed an objection to the R&R. (Doc. No. 48.) After an independent review of the record and objection, the Court adopts the Magistrate Judge's R&R.
DISCUSSION
The Court has conducted a de novo review of the record, including a review of the arguments and submissions of counsel, pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 72.2(b). The relevant factual and procedural background for the above-entitled matter is clearly and precisely set forth in the Magistrate Judge's R&R and is incorporated by reference.
Young argues that 18 U.S.C. § 922(g)(1) is unconstitutional as applied to him in violation of the Second Amendment. The R&R correctly concluded that Eighth Circuit has foreclosed this argument. In United States v. Jackson, 69 F.4th 495, 501-02 (8th Cir. 2023), the Eighth Circuit “concluded that there is no need for felony-by-felony determinations regarding the constitutionality of § 922(g)(1) as applied to a particular defendant. The longstanding prohibition on possession of firearms by felons is constitutional.” United States v. Cunningham, 70 F.4th 502, 506 (8th Cir. 2023). The Court is bound by this Eighth Circuit precedent. The Court therefore adopts the Magistrate Judge's R&R and denies Young's motion to dismiss the indictment.
ORDER
Based upon the foregoing, and the files, records, and proceedings herein, IT IS HEREBY ORDERED that:
1. Young's objection (Doc. No. [48]) to Magistrate Judge Elizabeth Cowan Wright's December 4, 2023, Report and Recommendation is OVERRULED.
2. Magistrate Judge Elizabeth Cowan Wright's December 4, 2023, Report and Recommendation (Doc. No. [47]) is ADOPTED.
3. Young's motion to dismiss the indictment (Doc. No. [25]) is DENIED.