Opinion
Criminal 21-20205 Civil 24-11082
04-24-2024
UNITED STATES OF AMERICA, Plaintiff, v. RICHARD MONEY SMITH, Defendant.
OPINION AND ORDER DENYING DEFENDANT'S SECTION 2255 MOTION
Honorable Sean F. Cox United States District Court Judge
Defendant Richard Money Smith (“Smith”) was indicted for possessing a firearm as a felon in violation of 18 U.S.C. § 922(g)(1). The matter now before the Court is Smith's pro se § 2255 Motion Finding 18 U.S.C. 922(g)(1) Unconstitutional. (ECF No. 36). Smith challenges the constitutionality of § 922(g)(1) under the Second Amendment both on its face and as applied to him in light of the U.S. Supreme Court's opinion in New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022). The Government filed its response on April 20, 2023. (ECF No. 39). Smith did not file a reply. The Court now rules on Smith's motion without a hearing pursuant to E.D. Mich. L.R. 7.1(f)(2).
Bruen did not disturb the settled law in this Circuit that § 922(g)(1) is constitutional as applied to any felon, and consequently the statute is constitutional both on its face and as applied to Smith as a matter of law. See United States v. L. Williams, No. 23-cr-20243, 2023 WL 8190690, at *5 (E.D. Mich. Nov. 27, 2023) (collecting cases); see also See United States v. Carey, 602 F.3d 738, 740-41 (6th Cir. 2010).
And this Court is not bound by its cases holding otherwise, such as United States v. R. Williams, No. 23-cr-20201, 2024 WL 731932 (E.D. Mich. Feb. 22, 2024).
Accordingly, IT IS ORDERED that Smith's § 2255 Motion Finding 18 U.S.C. 922(g)(1) Unconstitutional (ECF No. 26) is DENIED.
The Government argues that Smith's motion is untimely, but the Court need not and does not reach this question.
IT IS SO ORDERED.