Federal appellate courts issued several rulings this week regarding firearm possession, sentencing, and criminal procedure. The Eleventh Circuit vacated Friell Johnson's 84-month sentence, ruling that a Florida attempted manslaughter conviction does not qualify as a crime of violence. The Third Circuit affirmed that 18 U.S.C. 922(g)(1) is unconstitutional as applied to individuals with non-violent DUI convictions, while simultaneously upholding James Bost's conviction because his prior terroristic threats conviction justifies disarmament. The Ninth Circuit affirmed Youngblood's conviction for firearm possession as an unlawful drug user, maintaining that prior precedent remains binding. Finally, the Tenth Circuit ruled en banc that a defendant's Indian status is an affirmative defense in 18 U.S.C. 1152 prosecutions, overruling its previous requirement for the government to prove non-Indian status as an essential element in the cases of Dennis Hebert and Ruiz. Synthesized from 65 manifests produced by 13 monitored court-opinion sources in the last 7 days, including circuit opinions, district rulings.
Answer updated Oct 16, 2026 00:15 UTC · rebuilt twice daily from the rolling 168-hour window
Eleventh Circuit Vacates Sentence, Ruling Florida Attempted Manslaughter Is Not a Crime of Violence
The Eleventh Circuit vacated Friell Johnson's 84-month sentence for being a felon in possession of a firearm, finding the district court erred in classifying his prior Florida attempted manslaughter conviction as a 'crime of violence' under U.S.S.G. § 4B1.2(a). The court held that the error was not harmless because the
Third Circuit affirms as-applied Second Amendment challenge to 18 U.S.C. § 922(g)(1) for DUI convictions
They Third Circuit Court of Appeals affirmed the district court's judgment in Williams v. Attorney General, holding that 18 U.S.C. § 922(g)(1) is unconstitutional as applied to an individual whose predicate offenses are non-violent DUI convictions. They court reasoned that the Second Amendment protects the right of all
Tenth Circuit En Banc Holds Status is Affirmative Defenses in § 1152 Prosecution
The Tenth Circuit en banc held that in prosecutions under 18 U.S.C. § 1152 where the victim is an Indian, the defendant's Indian status is an affirmative defense. The court overruled its prior decision in Prentiss II, which had required the government to prove the defendant's non-Indian status as an essential element.
Ninth Circuit affirms conviction under 18 U.S.C. § 922(g)(3) in United States v. Youngblood
The Ninth Circuit affirmed the conviction of Youngblood for possessing a firearm while being an unlawful user of a controlled substance. The court held that its prior decision in United States v. Stennerson remains binding precedent post-Hemani, as the Court's narrow ruling in Hemani did not render Stennerson irreconci
Third Circuit affirms felon-in-possession conviction for defendant with prior terroristic threats conviction
The Third Circuit, sitting en banc, affirmed the conviction of James Bost for violating 18 U.S.C. § 922(g)(1). The court held that the Second Amendment permits the disarmament of individuals whose prior felony convictions demonstrate a risk of physical violence, such as terroristic threats. The decision establishes tha