126 F.4th 1039
5th Cir.2025Background
- Damion Xavier Giglio, a convicted felon, was still on supervised release for a previous firearm-related felony when he was arrested with a rifle while hunting.
- His prior conviction included both prison and a supervised release condition prohibiting firearm possession.
- After being caught with a firearm in violation of 18 U.S.C. § 922(g)(1), Giglio moved to dismiss, arguing the statute was unconstitutional as applied to him under Second Amendment jurisprudence.
- The district court denied the motion and Giglio pleaded guilty; at sentencing, he argued for a lower guideline calculation, claiming lawful sporting purpose.
- The district court overruled his objections and sentenced him to 27 months, explicitly stating it would have imposed the same sentence even if his guideline argument was correct.
- Giglio appealed both the constitutionality of § 922(g)(1) as applied and the sentencing calculation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of § 922(g)(1) as applied | Government may disarm felons on supervised release under historical tradition | Supervised release status doesn't justify firearm prohibition under Second Amendment | Constitutional under historical tradition; disarmament justified |
| Sentencing guideline calculation | District court applied correct guideline range | Lower offense level should apply for sporting purposes | Any error was harmless; same sentence would’ve been imposed |
Key Cases Cited
- N.Y. State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (historical-analogue framework for Second Amendment challenges)
- United States v. Rahimi, 602 U.S. 680 (clarifies burden in Second Amendment challenges and historical justification)
- Gall v. United States, 552 U.S. 38 (discussing restrictions inherent in probation and supervised release)
- United States v. Penn, 969 F.3d 450 (proper preservation of constitutional challenges in criminal cases)
- United States v. Knights, 534 U.S. 112 (probationers’ reduced constitutional rights)
- United States v. Guzman-Rendon, 864 F.3d 409 (harmless error standard for incorrect sentencing guideline range)