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United States v. Carter

United States Court of Appeals, Fourth Circuit

April 30, 2014

UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
BENJAMIN TOD CARTER, Defendant - Appellant

Argued, March 20, 2014

Petition for certiorari filed at, 07/29/2014

Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. (2:09-cr-00055-1). John T. Copenhaver, Jr., District Judge.

ARGUED:

Lex A. Coleman, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charleston, West Virginia, for Appellant.

Philip Henry Wright, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.

ON BRIEF:

Mary Lou Newberger, Federal Public Defender, Jonathan D. Byrne, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charleston, West Virginia, for Appellant.

R. Booth Goodwin, II, United States Attorney, Joshua C. Hanks, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.

Before NIEMEYER and DIAZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Judge Niemeyer wrote the opinion, in which Judge Diaz and Senior Judge Hamilton joined.

OPINION

Page 463

NIEMEYER, Circuit Judge

Following his conviction and sentencing for possessing two firearms while being an unlawful user of and addicted to a controlled substance (marijuana), in violation of 18 U.S.C. § 922(g)(3), Benjamin Carter appealed, contending that § 922(g)(3) infringed on his right to bear arms, in violation of the Second Amendment. We vacated the judgment and remanded the case to the district court to allow the government to substantiate the fit between § 922(g)(3) and the government's important interest in protecting the community from gun violence.

Page 464

See United States v. Carter (" Carter I" ), 669 F.3d 411 (4th Cir. 2012). After taking evidence from both sides, the district court held that the government had carried its burden in justifying the regulation of guns under § 922(g)(3), and Carter filed this second appeal.

Because we agree with the district court that the government adequately demonstrated a reasonable fit between its important interest in protecting the community from gun violence and ยง 922(g)(3), which ...


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