United States v. Aaron Lindsey

Opinion

United States Court of Appeals For the Eighth Circuit

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No. 23-2871

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United States of America

Plaintiff - Appellee

v.

Aaron Christopher Lindsey

Defendant - Appellant

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Appeal from United States District Court for the Southern District of Iowa - Central

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Submitted: December 6, 2024 Filed: December 16, 2024

[Unpublished]

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Before COLLOTON, Chief Judge,1 GRUENDER, and KELLY, Circuit Judges.

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PER CURIAM.

Aaron Lindsey pleaded guilty to one count of making false statements to a financial institution and conditionally pleaded guilty to one count of being a felon in

1 Judge Melloy took inactive senior status on October 4, 2024. Chief Judge Colloton was assigned to replace Judge Melloy on the panel pursuant to Eighth Circuit Rule 47E.

possession of a firearm, preserving his right to appeal the district court’s 2 denial of his motion to dismiss the felon-in-possession charge. He was sentenced to 48 months’ imprisonment. Lindsey appeals, arguing that the felon-in-possession statute, 18 U.S.C. § 922(g)(1), violates the Second Amendment both on its face and as applied to him.

We affirmed the district court’s judgment in May 2024. United States v.

Lindsey, No. 23-2871, 2024 WL 2207445 (8th Cir. May 16, 2024). The case is now on remand from the Supreme Court for further consideration in light of United States v. Rahimi, 602 U.S. 680 (2024).

We again conclude that precedent forecloses Lindsey’s contentions.

Following the Supreme Court’s decision in Rahimi, we held that “[t]he longstanding prohibition on possession of firearms by felons is constitutional,” United States v. Cunningham, 114 F.4th 671, 675 (8th Cir. 2024), and that there is “no need for felony-by-felony litigation regarding the constitutionality of § 922(g)(1),” United States v. Jackson, 110 F.4th 1120, 1125 (8th Cir. 2024). Accordingly, Lindsey’s facial and as-applied constitutional challenges to § 922(g)(1) fail.

Affirmed.

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2 The Honorable Stephanie M. Rose, Chief Judge, United States District Court for the Southern District of Iowa.