Legal Opinion

Lowery v. United States

District of Columbia Court of Appeals

Decided September 9, 2010No. 06-CM-1195PublishedCited by 44 opinions

1Opinion of the Court

FISHER, Associate Judge:

Appellant Samuel Lowery was convicted of one count of attempted possession of an unregistered firearm, D.C.Code §§ 7-2502.01(a), 22-1803 (2001), after Deputy U.S. Marshals found a handgun in the apartment where he was staying. He argues, for the first time on appeal, that this application of the District of Columbia’s pre-Heller firearms law was unconstitutional as applied to him. See District of Columbia v. Heller, — U.S. -, 128 S.Ct. 2783, 171 L.Ed.2d 637 (2008). He also maintains that a statement he made to a deputy marshal should have been suppressed. Unpersuaded…

2Cases cited46 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. United States v. OlanoSupreme Court of the United States · 1993
  3. Crawford v. WashingtonSupreme Court of the United States · 2004
  4. United States v. FradySupreme Court of the United States · 1982
  5. Johnson v. United StatesSupreme Court of the United States · 1997

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3Cited by44 opinions

  1. United States v. PelisamenCourt of Appeals for the Ninth Circuit · 2011
  2. Conley v. United StatesDistrict of Columbia Court of Appeals · 2013
  3. Nicholas v. PeopleSupreme Court of The Virgin Islands · 2012
  4. In re TaylorDistrict of Columbia Court of Appeals · 2013
  5. Harrell E. Hagans, Brion X. Arrington, Warren N. Allen and Gary A. Leaks v. United StatesDistrict of Columbia Court of Appeals · 2014

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