Eleventh Circuit Court of Appeals - Published Opinions

Wednesday, March 10, 2010

Rozier: Felon in Possession Crime is Constitutional

In U.S. v. Rozier, No. 08-17061 (March 4, 2010), the Court rejected the argument that 18 U.S.C. § 922(g)(1), which criminalizes a felon’s possession of a firearm, is unconstitutional in light of the right to bear arms recognized in District of Columbia v. Heller, 128 S.Ct. 2783 (2008). The Court noted that Heller stated that “nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons.”

Separately, the Court reaffirmed that life is the statutory maximum for violators of § 922(g)(1) how have been previously convicted of at least three serious drug offenses.