538 F. App'x 465
5th Cir.2013Background
- May appealed his jury conviction for possession of a firearm by an unlawful user of a controlled substance (18 U.S.C. § 922(g)(3)).
- The district court denied his motion for a mistrial after prejudicial extrinsic evidence was incidentally exposed to some jurors.
- The district court dismissed the only juror who indicated prejudice, gave curative instructions, and protected remaining jurors’ impartiality.
- The Government presented overwhelming evidence of guilt, including May’s admission of marijuana use to investigators and his son’s testimony about marijuana use before his arrest.
- May challenged § 922(g)(3) as unconstitutionally vague as applied to him, arguing lack of a definition of “unlawful user” and excessive prosecutorial discretion.
- May argued selective prosecution aimed at chilling gun-related activities at gun shows, but the record showed no evidence of targeting beyond his illegal conduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of mistrial was error given prejudicial evidence | May | May's mistrial request was properly denied | No reversible error; extrinsic evidence did not affect deliberations |
| Whether § 922(g)(3) is unconstitutionally vague as applied | May | Government | Not unconstitutionally vague as applied |
| Whether § 922(g)(3) infringes the Second Amendment on its face | May | Government | Precluded by settled precedent; does not infringe the Second Amendment |
| Whether Government selectively prosecuted May to chill Second Amendment rights | May | Government | No selective-prosecution showing |
Key Cases Cited
- United States v. Ruggiero, 56 F.3d 647 (5th Cir. 1995) (extrinsic-evidence mistrial standard)
- United States v. Patterson, 431 F.3d 832 (5th Cir. 2005) (vagueness and Second Amendment context)
- NRA v. Bureau of Alcohol, Tobacco, Firearms, & Explosives, 700 F.3d 185 (5th Cir. 2012) (Second Amendment sufficiency with firearm restrictions on unlawful users)
- United States v. Scroggins, 599 F.3d 433 (5th Cir. 2010) (Second Amendment and firearm-presence considerations)
- United States v. Kahl, 583 F.2d 1351 (5th Cir. 1978) (selective-prosecution framework and burden)