United States v. Talbot

Opinion

Appellate Case: 23-8025 Document: 010111045183 Date Filed: 05/07/2024 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT May 7, 2024 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 23-8025 (D.C. No. 2:22-CR-00116-SWS-1) LANCE JAMES TALBOT, (D. Wyo.)

Defendant - Appellant. _________________________________

ORDER AND JUDGMENT* _________________________________

Before MORITZ, BALDOCK, and MURPHY, Circuit Judges. _________________________________

After examining the briefs and appellate record, this panel has determined

unanimously to honor the parties’ request for a decision on the briefs without oral

argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore

submitted without oral argument.

Lance James Talbot was charged with being a felon unlawfully in possession

of ammunition, in violation of 18 U.S.C. § 922(g)(1). He moved to dismiss the

charge, arguing § 922(g) was unconstitutional, both facially and as applied, under

New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022). After the district

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Appellate Case: 23-8025 Document: 010111045183 Date Filed: 05/07/2024 Page: 2

court denied Talbot’s motion, he entered a conditional plea of guilty, Fed. R. Crim. P.

11(a)(2), specifically preserving his right to appeal the denial of his motion to

dismiss. The district court sentenced Talbot to a term of imprisonment of fifty-seven

months, followed by three years of supervised release.

On appeal, Talbot reasserts Bruen renders his § 922(g) conviction

unconstitutional. He recognizes, however, that his constitutional challenge is

foreclosed by this court’s decision in Vincent v. Garland, 80 F.4th 1197, 1202 (10th

Cir. 2023) (holding that § 922(g) remains constitutional post-Bruen). Thus, he merely

seeks to preserve his claim pending further developments within the Tenth Circuit or

at the Supreme Court. This court acknowledges Talbot “has preserved the issue in the

hope of further review.” United States v. Wheeler, 13 F. App’x 852, 854 (10th Cir.

2001) (unpublished disposition cited solely for its persuasive value) (recognizing

appellant preserved issue for possible future review in circumstances similar to those

at issue here). Nevertheless, his claim is foreclosed by Vincent. Thus, exercising

jurisdiction pursuant to 28 U.S.C. § 1291, the judgment entered by the United States

District Court for the District of Wyoming is hereby AFFIRMED.

Entered for the Court

Michael R. Murphy Circuit Judge