Opinion
2:22-CR-9-KHJ-MTP
03-13-2024
UNITED STATES OF AMERICA v. JONATHAN THOMAS
ORDER
KRISTI H JOHNSON UNITED STATES DISTRICT JUDGE.
Before the Court is Defendant Jonathan Thomas' [23] Motion to Dismiss the Indictment. The Court denies the motion.
Thomas has a 2006 conviction for armed robbery. Id. at 1. The [3] Indictment charges Thomas with knowingly violating 18 U.S.C. § 922(g)(1), which prohibits a person from possessing a firearm in or affecting commerce if he “has been convicted in any court of[] a crime punishable by imprisonment for a term exceeding one year.” See also id. § 924(a)(8) (providing that a knowing violation is punishable by up to 15 years of imprisonment). Thomas moves to dismiss the Indictment, arguing that Section 922(g)(1) is unconstitutional as applied to him. [23] (citing N.Y. State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022)).
Addressing a similar challenge, this Court concluded that it remains bound by pre-Bruen Fifth Circuit precedents upholding Section 922(g)(1). See Order [45], United States v. Brown, No. 3:18-CR-117 (S.D.Miss. Mar. 12, 2024). As to that issue, Thomas raises the same arguments that the defendant in Brown raised. See Reply [25] at 1-4; Reply [32] at 1-4, United States v. Brown, No. 3:18-CR-117 (S.D.Miss. Sept. 20, 2023). While Thomas offers some additional arguments and authorities relevant to other issues, none change the Court's analysis or conclusion that it remains bound by pre-Bruen Fifth Circuit precedents. The Court thus incorporates by reference its holding and Order in Brown. See Order [45], Brown, No. 3:18-CR-117.
The Court has considered all arguments. Those not addressed would not have changed the outcome. For the stated reasons, the Court DENIES Defendant Jonathan Thomas' [23] Motion to Dismiss the Indictment.
SO ORDERED.