United States v. Christopher Wuchter

• Court: Court of Appeals for the Eighth Circuit
• Decided: July 21, 2025
• Docket: 24-2648
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 24-2648 ___________________________

United States of America,

lllllllllllllllllllllPlaintiff - Appellee,

v.

Christopher Wuchter,

lllllllllllllllllllllDefendant - Appellant. ____________

Appeal from United States District Court for the Northern District of Iowa - Western ____________

Submitted: May 16, 2025 Filed: July 21, 2025 [Unpublished] ____________

Before COLLOTON, Chief Judge, SMITH and SHEPHERD, Circuit Judges. ____________ PER CURIAM.

Christopher Wuchter entered a conditional guilty plea to unlawful possession of a firearm as an unlawful user of a controlled substance. See 18 U.S.C. § 922(g)(3). He reserved the right to appeal an order of the district court* denying his motion to dismiss the indictment.

After a grand jury charged Wuchter with a violation of § 922(g)(3), he moved to dismiss the indictment on the ground that the statute is unconstitutional on its face under the Second Amendment. The district court denied the motion, and Wuchter entered a conditional guilty plea. On appeal, Wuchter argues that § 922(g)(3) is unconstitutional on its face, and that the district court should have dismissed the indictment. Wuchter’s argument is foreclosed by circuit precedent. United States v. Seay, 620 F.3d 919, 925 (8th Cir. 2010); see also United States v. Veasley, 98 F.4th 906, 908 (8th Cir.), cert. denied, 145 S. Ct. 304 (2024). The Supreme Court’s decision in United States v. Rahimi, 602 U.S. 680 (2024), did not call into question our precedent. United States v. Smith, No. 23-3570, 2025 WL 25946, at *1 (8th Cir. Jan. 3, 2025) (per curiam) (unpublished); see United States v. Baxter, 127 F.4th 1087, 1089 n.1 (8th Cir. 2025); Clark v. United States, 124 F.4th 1109, 1109 (8th Cir. 2025), petition for cert. filed (U.S. May 13, 2025) (No. 24-7188).

The judgment of the district court is affirmed. ______________________________

* The Honorable C.J. Williams, Chief Judge, United States District Court for the Northern District of Iowa.

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