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May 1, 2014

Two interestingly different rulings on two of the even Amendments from the Fourth Circuit

A helpful reader aleerted me to the fact that the Fourth Circuit issued some interesting criminal justice rulings yesterday.  US v. Carter, No. 12-5045 (4th Cir. Apr. 30, 2014) (available here), concerns a notable Second Amendment claim and gets started this way:

Following his conviction and sentencing for possessing two firearms while being an unlawful user of and addicted to a controlled substance (marijuana), in violation of 18 U.S.C. § 922(g)(3), Benjamin Carter appealed, contending that § 922(g)(3) infringed on his right to bear arms, in violation of the Second Amendment. We vacated the judgment and remanded the case to the district court to allow the government to substantiate the fit between § 922(g)(3) and the government’s important interest in protecting the community from gun violence.  See United States v. Carter (“Carter I”), 669 F.3d 411 (4th Cir. 2012).  After taking evidence from both sides, the district court held that the government had carried its burden in justifying the regulation of guns under § 922(g)(3), and Carter filed this second appeal.

Because we agree with the district court that the government adequately demonstrated a reasonable fit between its important interest in protecting the community from gun violence and § 922(g)(3), which disarms unlawful drug users and addicts, we now affirm.

US v. Ramirez-Castillo, No. 13-4158 (4th Cir. Apr. 30, 2014) (available here), concerns a notable Sixth Amendment claim and gets started this way:

In this appeal, we review the propriety of a prison sentence imposed subsequent to a jury trial in which the jury made two specific factual findings but never returned a guilty verdict.  Saul Ramirez-Castillo (“Appellant”) challenges his conviction and sentence for possession of a prohibited object by a federal inmate.  On December 14, 2011, Appellant was charged in a single-count indictment with “knowingly possess[ing] prohibited objects, that is, two homemade weapons,” while an inmate at a Federal Correctional Institute in Estill, South Carolina (“FCI Estill”), in violation of 18 U.S.C. §§ 1791(a)(2), (b)(3), and (c).  A jury trial was held on September 25, 2012.  At the conclusion of the evidence, the district court charged the jury with determining: (1) whether the first object at issue was a “weapon”; and (2) whether the second object at issue was possessed by Appellant. The jury answered “yes” to each question, but was never asked to determine whether Appellant was “guilty” or “not guilty” of the charged offense. Although the jury never returned a guilty verdict, the parties proceeded to sentencing on February 21, 2013.  Appellant was sentenced to 33 months’ imprisonment, to be served consecutively to his prior undischarged term of imprisonment of 66 months.

Because we conclude the district court violated Appellant’s right to have a jury determine his guilt beyond a reasonable doubt, we vacate Appellant’s conviction and sentence, and we remand the case to the district court.

I cannot help but find a bit of functional irony in the reality of the Carter and Ramirez-Castillo results: an illegal alien possessing weapons in federal prison prevails on his Sixth Amendment jury rights claim, while an American marijuana user in his home loses in his Second Amendment gun rights claim.

May 1, 2014 at 04:30 PM | Permalink


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In his own home! What a bunch of apCray.

Posted by: Liberty1st | May 1, 2014 8:42:52 PM

Possibly the worst headline in Sentencing Law and Policy blog history?

On the merits, the first decision is very ho-hum. The second, probably rightly decided, is quite a weird fact pattern - I've never even heard of someone trying to do that in a criminal case.

Posted by: ohwilleke | May 2, 2014 4:06:36 PM

the associated press no longer uses te word "illegal alien" because it is vintage and offensive. FYI. Just because the law takes forever to change doesn't mean humans can't fix it first and refer to people as people aka with more dignity.

Posted by: defender | May 2, 2014 5:58:02 PM

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