United States v. Larson

MEMORANDUM OPINION

GLEN E. CONRAD, Chief Judge.

This criminal prosecution involves a man who, on February 4, 2011, allegedly brandished a firearm in Charlottesville, Virginia. The government prosecutes the defendant, Lyndon B. Larson (“Larson” or “defendant”), under 18 U.S.C. § 922(g)(8), charging that Larson knowingly possessed the firearm, a Smith and Wesson .38 Special revolver, while being subject to a domestic violence-related court order. 18 U.S.C. § 922(g)(8) (2006). On October 13, 2011, the defendant moved the court under Federal Rule of Criminal Procedure 12(b)(3)(B) to dismiss the…