Opinion
21-00180-CR-W-HFS
01-03-2023
ORDER
HOWARD F. SACHS UNITED STATES DISTRICT JUDGE
Having reviewed the record and briefing, I ADOPT the Report and Recommendation “R&R” (Doc. 48) and DENY the motion to dismiss (Doc. 29). Defendant's motion for additional time to file objections to the R&R (Doc. 49) is GRANTED, retroactively.
As indicated in other recent litigation, it has been my view that only as-applied challenges to felon-in-possession cases seem to be a close call under current Second Amendment jurisprudence - such as, tax evasion cases and others where a felon's prior record is unlike this one.