United States v. Kenneth Clegg, Jr.
654 F. App'x 686
| 6th Cir. | 2016Background
- Kenneth Clegg, Jr. was indicted on two counts of felon-in-possession (18 U.S.C. § 922(g)(1)) and one count of making a false statement to a federal firearms licensee (18 U.S.C. § 924(a)(1)(A)).
- Clegg moved to dismiss, arguing his prior Ohio convictions should not count as felonies under § 921(a)(20) because his civil rights had been restored without an express firearm ban.
- The district court denied the motion, finding Ohio law (viewed as a whole) restricts firearm possession by persons with Clegg’s prior convictions (burglary and felony drug possession).
- Clegg entered a conditional guilty plea to one § 922(g)(1) count, preserving his right to appeal the denial of the motion to dismiss; he was sentenced to 60 months imprisonment and three years supervised release.
- The Sixth Circuit reviewed de novo and applied United States v. Cassidy, concluding Ohio law limits Clegg’s firearm rights and that his Final Release explicitly noted the firearm restriction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prior convictions count as convictions under § 921(a)(20) after civil-rights restoration | Clegg: Civil rights restoration (no express firearm restriction) removes status as "convicted felon" for § 922(g)(1) | Government: Look to entire state law to determine whether rights (including firearm rights) remain restricted | Court: Follow Cassidy — examine whole state law; Ohio law and Clegg’s Final Release restrict firearm rights, so § 922(g)(1) applies |
| Whether Cassidy should be overruled in light of Heller/McDonald | Clegg: Heller/McDonald changed firearm-rights landscape and permit overruling Cassidy | Government: Cassidy remains binding precedent; Heller/McDonald did not disturb felony prohibitions or the statutory interpretation issue | Court: Declined to overrule Cassidy; Heller/McDonald do not undermine it |
Key Cases Cited
- United States v. Cassidy, 899 F.2d 543 (6th Cir. 1990) (when civil rights are restored by state law, court must examine the whole of state law to determine firearm privileges)
- D.C. v. Heller, 554 U.S. 570 (2008) (Second Amendment protects individual right to possess firearms for lawful purposes, but noted longstanding prohibitions like felon disarmament)
- McDonald v. City of Chicago, 561 U.S. 742 (2010) (incorporated the Second Amendment against the states)
- Logan v. United States, 552 U.S. 23 (2007) (expressed no opinion on whether § 921(a)(20) requires looking to state law as a whole)
- United States v. Elbe, 774 F.3d 885 (6th Cir. 2014) (panel precedent binds absent Supreme Court reversal or en banc overruling)