United States v. Mahin
668 F.3d 119
4th Cir.2012Background
- Mahin pled guilty to assault and battery against a family member and a two-year domestic violence protective order followed, restricting firearm possession and warning of federal penalties under §922(g)(8).
- The protective order was issued after a court hearing with notice and representation for Mahin, and defined family abuse to include violence or threats of bodily injury by a family or household member.
- Approximately one hour after service of the order, Mahin went to Sharpshooters, rented a Glock 22, bought ammunition, and fired for about 30 minutes before leaving; PK later found Mahin’s membership card at the marital residence.
- Mahin was indicted on two §922(g)(8) counts—possession of a firearm and possession of ammunition while subject to an active protective order—and the district court held §922(g)(8) constitutional, sentencing Mahin to time served with concurrent three-year supervised release and $100 assessments on each count.
- On appeal, Mahin challenges the Second Amendment as well as the propriety of convicting and sentencing on two counts for a single act; the Fourth Circuit upholds the Second Amendment challenge to the extent applicable and reverses count two for ammunition, vacates the sentence, and remands for limited resentencing.
- The court ultimately affirms count one under §922(g)(8), reverses count two, vacates the sentence, and remands for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Second Amendment challenge to §922(g)(8) | Mahin contends §922(g)(8) infringes the Second Amendment. | Mahin argues the statute lacks a constitutionally permissible fit. | Constitutional under intermediate scrutiny. |
| Plain error for dual counts from a single act | Dunford implies only one violation for simultaneous possession. | Two counts were improper for a single act. | Plain error; count two reversed, sentence vacated, remanded for limited resentencing. |
Key Cases Cited
- United States v. Chapman, 666 F.3d 220 (4th Cir. 2012) (upheld § 922(g)(8) conviction under intermediate scrutiny)
- United States v. Staten, 666 F.3d 154 (4th Cir. 2011) (upheld § 922(g)(9) conviction under intermediate scrutiny; states the five Staten findings)
- United States v. Chester, 628 F.3d 673 (4th Cir. 2010) (considered Second Amendment scope for §922(g) challenges)
- United States v. Dunford, 148 F.3d 385 (4th Cir. 1998) (simultaneous possession of multiple firearms supports only one §922(g) count)