United States v. Ernst

OPINION AND ORDER

AIKEN, District Judge:

Defendant is charged with being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1), unlawful manufacture or possession with intent to deliver marijuana in violation of 21 U.S.C. § 841(a)(1) and a related forfeiture charge under 18 U.S.C. § 924(d)(1) and 28 U.S.C. § 2461. If convicted, the defendant is subject to the sentencing enhancement provision of 18 U.S.C. § 924(e) and a mandatory minimum sentence of fifteen years.

Defendant moves to dismiss all counts charged against him in the three-count Superceding Indictment of July 20,…