United States v. Bogle

See case details

UNITED STATES of America v. Gary BOGLE

No. 11-349-cr

United States Court of Appeals, Second Circuit

Argued: Feb. 6, 2013. Decided: May 23, 2013.

717 F.3d 281

they were sufficiently formal and documented, and that Rosario-Mijangos is therefore ineligible for cancellation of removal.

CONCLUSION

For the foregoing reasons, Rosario-Mijangos’s petition for review of the BIA’s March 31, 2011 decision finding him ineligible for cancellation of removal is DENIED, as is his petition for review of the BIA’s November 14, 2011 denial of his motion to reopen.

Nicholas J. Pinto, New York, New York, for Defendant-Appellant.

Todd Kaminsky, Assistant United States Attorney (Jo Ann M. Navickas and Tali Farhadian, Assistant United States Attorneys, on the brief), for Loretta E. Lynch, United States Attorney, Eastern District of New York, Brooklyn, New York, for Appellee.

Before: WALKER, KATZMANN, and LYNCH, Circuit Judges.

PER CURIAM:

Gary Bogle appeals his conviction for possessing a firearm and body armor as a convicted felon. The relevant facts are set forth in the summary order disposing of the majority of Bogle’s arguments. We write only to address whether 18 U.S.C. § 922(g)(1) violates the Second Amendment, an issue that we have not yet decided by precedential opinion.

Bogle argues that § 922(g)(1), which makes it unlawful for a convicted felon to possess a firearm in or affecting interstate commerce, violates his Second Amendment right to keep and bear arms. Bogle relies on recent Supreme Court opinions developing a more expansive interpretation of the Amendment. But in both of these opinions, the Supreme Court clearly emphasized that recent developments in Second Amendment jurisprudence should not “be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons.” District of Columbia v. Heller, 554 U.S. 570, 626, 128 S.Ct. 2783, 171 L.Ed.2d 637 (2008); see also McDonald v. City of Chicago, — U.S. —, 130 S.Ct. 3020, 3047, 177 L.Ed.2d 894 (2010) (“We made it clear in Heller that our holding did not cast doubt on such longstanding regulatory measures as prohibitions on the possession of firearms by felons.... We repeat those assurances here.” (citation and internal quotation marks omitted)). We therefore join every other circuit to consider the issue in affirming that § 922(g)(1) is a constitutional restriction on the Second Amendment rights of convicted felons.¹

CONCLUSION

For the foregoing reasons, the judgment of the district court is AFFIRMED.

Notes

1

See United States v. Moore, 666 F.3d 313, 318-19 (4th Cir. 2012); United States v. Barton, 633 F.3d 168, 175 (3d Cir. 2011); United States v. Joos, 638 F.3d 581, 586 (8th Cir. 2011); United States v. Rozier, 598 F.3d 768, 771 (11th Cir. 2010); United States v. Williams, 616 F.3d 685, 693-94 (7th Cir. 2010); United States v. Vongxay, 594 F.3d 1111, 1115 (9th Cir. 2010); United States v. Carey, 602 F.3d 738, 741 (6th Cir. 2010); United States v. McCane, 573 F.3d 1037, 1047 (10th Cir. 2009); United States v. Anderson, 559 F.3d 348, 352 (5th Cir. 2009).

Case Details

Case Name: United States v. Bogle

Court Name: Court of Appeals for the Second Circuit

Date Published: May 23, 2013

Citation: 717 F.3d 281

Docket Number: Docket 11-349-cr

Court Abbreviation: 2d Cir.