597 F. App'x 553
10th Cir.2015Background
- Law enforcement arrested Felipe Rangel-Hernandez at his ex-wife's house on an outstanding bench-warrant and a threatening voicemail.
- Two rifles and ammunition were found in the bedroom where he was sleeping, in his personal luggage.
- A grand jury charged him with illegal alien in possession of firearms under 18 U.S.C. § 922(g)(5)(A).
- Defendant argued § 922(g)(5) is unconstitutional facially and as applied to him; the district court rejected these arguments.
- He entered an unconditional guilty plea to the § 922(g)(5) offense and was sentenced to six months’ imprisonment (time served) and three years of supervised release.
- On appeal, Defendant challenged the facial validity of § 922(g)(5); the court addressed waiver and binding precedent issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a facial challenge to § 922(g)(5) survives a guilty plea | Rangel-Hernandez | Rangel-Hernandez | Question foreclosed by binding precedent |
| Effect of guilty plea on as-applied challenges to § 922(g)(5) | Rangel-Hernandez | Rangel-Hernandez | Waived under precedent; foreclosed |
Key Cases Cited
- United States v. Huitron-Guizar, 678 F.3d 1164 (10th Cir. 2012) (§ 922(g)(5) challenges withstand scrutiny in that decision)
- United States v. De Vaughn, 694 F.3d 1141 (10th Cir. 2012) (guilty plea can waive as-applied challenges unless reserved)
- United States v. Fox, 573 F.3d 1050 (10th Cir. 2009) (voluntary guilty plea may waive challenges)
- United States v. Rickett, 535 F. App’x 668 (10th Cir. 2013) (whether facial challenges survive guilty pleas is unresolved)
- In re Smith, 10 F.3d 723 (10th Cir. 1993) (binding precedent governs unless en banc or Supreme Court changes)