Legal Opinion

United States v. Reese

Court of Appeals for the Tenth Circuit

Decided December 10, 2010No. 10-2030PublishedCited by 174 opinions

1Opinion of the Court

BRISCOE, Chief Judge.

This appeal presents a single issue, whether the district court erred in granting defendant James Reese’s motion to dismiss an indictment which charged Reese with three counts of possessing firearms while subject to a domestic protection order, in violation of 18 U.S.C. § 922(g)(8). Reese successfully raised an as-applied challenge to the indictment on the grounds that § 922(g)(8) violated his Second Amendment right to keep and bear arms. The United States now appeals. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we reverse the decision of the district court and…

2Cases cited16 opinions

  1. District of Columbia v. HellerSupreme Court of the United States · 2008
  2. McDonald v. City of ChicagoSupreme Court of the United States · 2010
  3. Lewis v. United StatesSupreme Court of the United States · 1980
  4. Federal Election Commission v. Wisconsin Right to Life, Inc.Supreme Court of the United States · 2007
  5. United States v. MarzzarellaCourt of Appeals for the Third Circuit · 2010

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3Cited by174 opinions

  1. New York State Rifle & Pistol Assn., Inc. v. BruenSupreme Court of the United States · 2022
  2. Rhonda Ezell v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2011
  3. Heller v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 2011
  4. Peterson v. MartinezCourt of Appeals for the Tenth Circuit · 2013
  5. Kachalsky v. County of WestchesterCourt of Appeals for the Second Circuit · 2012

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