United States v. Yancey

Matthew Yancey pleaded guilty to possessing a firearm as an unlawful user of marijuana but reserved the right to argue on appeal that the offense of conviction, 18 U.S.C. § 922(g)(3), violates the Second Amendment as interpreted in District of Columbia v. Heller, 554 U.S. 570,128 S.Ct. 2783, 171 L.Ed.2d 637 (2008). We conclude that the statute is constitutional and affirm Yancey’s conviction.

Police officers executed an arrest warrant for Yancey in June 2008. Yancey, who was 18 at the time, was carrying a loaded pistol and 0.7 grams of marijuana. He confessed that he had been smoking marijuana…