United States v. Brandon Dale Hayes
23-10926
11th Cir.Dec 3, 2024Background
- Brandon Dale Hayes was convicted and sentenced to 100 months for being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
- Hayes appealed, arguing the statute is unconstitutional under the Second Amendment and recent Supreme Court precedent in New York State Rifle & Pistol Ass’n v. Bruen.
- He also claimed the district court miscalculated his sentencing range under the U.S. Sentencing Guidelines.
- The Eleventh Circuit reviewed the case following binding circuit and Supreme Court precedent.
- Both parties acknowledged an error in the calculation of Hayes’s criminal history points at sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of § 922(g)(1) | Statute violates Second Amendment post-Bruen | Statute remains constitutional (circuit precedent) | Statute is constitutional; prior precedent controls |
| Sentencing Guidelines Calculation | Sentencing range incorrectly increased by criminal history points | Acknowledged error in Guidelines calculation | Sentence vacated and remanded for resentencing |
Key Cases Cited
- United States v. Rozier, 598 F.3d 768 (11th Cir. 2010) (upheld constitutionality of § 922(g)(1) ban on felons possessing firearms)
- United States v. Dubois, 94 F.4th 1284 (11th Cir. 2024) (reaffirmed Rozier post-Bruen, § 922(g)(1) remains constitutional)
- New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022) (clarified Second Amendment analysis but did not overrule prohibitions for felons)
- District of Columbia v. Heller, 554 U.S. 570 (2008) (recognized certain firearms prohibitions, including for felons, as presumptively lawful)
- United States v. Rahimi, 144 S. Ct. 1889 (2024) (reaffirmed lawfulness of prohibiting felons from firearm possession)