United States v. Anthony Gay
98 F.4th 843
| 7th Cir. | 2024Background
- Anthony Gay, a convicted felon on parole, was arrested after fleeing a police traffic stop; police claimed to find a gun where he fell and later found bullets in a motel room he rented.
- Gay was charged with two counts: being a felon in possession of a firearm and in possession of ammunition under 18 U.S.C. § 922(g)(1).
- On trial for these offenses, Gay represented himself; the first jury hung, a second jury convicted him on both counts.
- Gay moved to suppress the bullets found at the motel, arguing a Fourth Amendment violation, but the district court denied the motion.
- On appeal, Gay challenged the sufficiency of evidence for the firearms count, the denial of his suppression motion, the adequacy of his preparation time for retrial, certain evidentiary rulings, and the constitutionality of § 922(g)(1) as applied to him under the Second Amendment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of firearm evidence | Evidence supports jury's conviction | Gun might have been planted/not his | Evidence sufficient for conviction |
| Admissibility of motel room bullets | Discovery was lawful/private search | Entry/search violated 4th Am. | Entry/search lawful; evidence admissible |
| Reduction in retrial preparation time | Reasonable discretion for scheduling | Prejudicial reduction | No abuse of discretion |
| Second Amendment challenge to §922(g)(1) | Law supports felon gun ban | Law unconstitutional as applied | Statute constitutional; Gay not law-abiding |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (Supreme Court held Second Amendment rights are individual but upholds felon prohibitions)
- Samson v. California, 547 U.S. 843 (Parolees have diminished 4th Amendment rights)
- United States v. Jacobsen, 466 U.S. 109 (Private searches not covered by 4th Amendment)
- McDonald v. Chicago, 561 U.S. 742 (Incorporates Second Amendment against the states; affirms Heller's statements on restrictions)
- New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (Recent Supreme Court Second Amendment precedent; did not disturb felon prohibitions)