Opinion
CRIMINAL ACTION 23-519
05-07-2024
UNITED STATES OF AMERICA v. RASHAWN GINDRAW
ORDER
Gerald Austin McHugh United States District Judge
This 7th day of May, 2024, for the reasons that follow, it is hereby ORDERED that Defendant's Motion to Dismiss the Indictment, ECF 17, is DENIED.
On the record in this case, Mr. Gindraw cannot fit within the narrow exception recognized by Range v. Attorney General, 69 F.4th 96 (3d Cir. 2023), and given his past convictions, I am satisfied that he falls within the class of persons whose right to possess a firearm can be limited under the Second Amendment. See United States v. Harris, Crim. A. No. 22-441, 2023 WL 7927758, (E.D. Pa. Nov. 16, 2023); United States v. Spady, No. 23-36, 2023 WL 7706263 (E.D. Pa. Nov. 14, 2023). Because it cannot be disputed that the statute properly applies to Mr. Gindraw, his vagueness argument lacks merit, Holder v. Humanitarian Law Project, 561 U.S. 1, 18-19 (2010), and his argument under the Commerce Clause is barred by United States v. Singletary, 268 F.3d 196 (3d Cir. 2001).