United States v. Andre Michael Dubois, 139 F.4th 887

Andre Dubois was convicted for attempting to smuggle firearms out of the United States, delivering firearms to a carrier without notice, and being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
Dubois had prior felony convictions for drug and financial crimes and was on probation at the time of the offense.
Following his conviction, Dubois appealed, challenging the constitutionality of § 922(g)(1) under the Second Amendment.
The appeal was initially denied, relying on Eleventh Circuit precedent upholding the felon-in-possession ban (United States v. Rozier).
After the Supreme Court’s decision in New York State Rifle & Pistol Ass'n v. Bruen and United States v. Rahimi, the Supreme Court vacated and remanded DuBois's case for reconsideration in light of Rahimi.
On remand, the Eleventh Circuit concluded that neither Bruen nor Rahimi abrogated Rozier; thus, § 922(g)(1) remains constitutional.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does 18 U.S.C. § 922(g)(1), the federal felon-in-possession law, violate the Second Amendment after Bruen and Rahimi?	Dubois argued that recent Supreme Court precedent (Bruen and Rahimi) abrogated prior circuit precedent upholding § 922(g)(1), making the ban unconstitutional, especially as applied to nonviolent felons.	The government urged that Rozier remains binding precedent, as neither Bruen nor Rahimi clearly overruled the Supreme Court’s earlier endorsement of felon-in-possession bans as presumptively lawful.	The court held that neither Bruen nor Rahimi abrogated Rozier, and § 922(g)(1) remains constitutional.

District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (held that the Second Amendment protects individual right to possess firearms for self-defense, but this right is not unlimited and allows for longstanding bans on felon possession)
McDonald v. City of Chicago, 561 U.S. 742 (U.S. 2010) (reiterated that Heller did not cast doubt on laws prohibiting felons from possessing firearms)
New York State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (U.S. 2022) (announced a text-and-history test for Second Amendment cases, but left presumptively lawful felon prohibitions undisturbed)
United States v. Rozier, 598 F.3d 768 (11th Cir. 2010) (Eleventh Circuit precedent upholding the constitutionality of the felon-in-possession statute)
United States v. Rahimi, 144 S. Ct. 1889 (U.S. 2024) (clarified the Bruen test and reaffirmed that bans on firearm possession by felons are presumptively lawful)