United States v. Derrick D. Reed

HOLLOWAY, Circuit Judge.

This is an appeal by the government under 18 U.S.C. § 3731 from the district court’s order dismissing five counts of an eight-count indictment. The counts challenged in the defendant’s motion to dismiss were based on 18 U.S.C. § 922(g), which provides, in pertinent part:

It shall be unlawful for any person — ... (3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) ... to ... possess in or affecting commerce, any firearm or ammunition____

Each of these counts alleged that Reed…