Background

• Bryant was convicted in the Western District of New York of possession with intent to distribute cocaine base (21 U.S.C. §841(a)(1), (b)(1)(C)) and unlawful possession of a firearm in furtherance of a drug trafficking crime (18 U.S.C. §924(c)(1)); total sentence 81 months.
• Police searched Bryant’s residence at 102 Cottage Street, Rochester, NY, recovering cocaine base, a loaded Remington shotgun, cash, scales, and other drug-trafficking paraphernalia.
• Bryant stated he lived at the home, had a shotgun for protection after a robbery, and that his roommate sold cocaine from the residence.
• A post-arrest statement and trial evidence showed Bryant’s home-based narcotics activity and use of the shotgun for protection; drugs weighed 0.948 grams total.
• After Heller (2008) was decided, Bryant moved to vacate the §924(c) conviction on Second Amendment grounds, which the district court denied.
• The Circuit affirmed, holding §924(c) is constitutional as applied and does not burden a lawful Second Amendment right when the possession is connected to illegal drug trafficking.

Issues

Key Cases Cited

• District of Columbia v. Heller, 554 U.S. 570 (Supreme Court 2008) (establishes individual right to keep and bear arms for self-defense in the home; limitations apply)
• McDonald v. City of Chicago, 130 S. Ct. 3020 (Supreme Court 2010) (confirms Second Amendment limits; right to keep and bear arms for lawful purposes)
• United States v. Decastro, 682 F.3d 160 (2d Cir. 2012) (heightened scrutiny triggered only by substantial burden on self-defense)
• United States v. Kachalsky, 701 F.3d 81 (2d Cir. 2012) (upholds handgun licensing scheme; some form of heightened scrutiny)
• United States v. Potter, 630 F.3d 1260 (9th Cir. 2011) (rejects as-applied and facial challenges to §924(c))
• United States v. Jackson, 555 F.3d 635 (7th Cir. 2009) (rejects right to possess for unlawful purposes in drug trafficking)