Opinion
4:23-CR-11
12-27-2023
UNITED STATES OF AMERICA PLAINTIFF v. LaCHARLES RAMSEY DEFENDANT
ORDER
MICHAEL P. MILLS UNITED STATES DISTRICT JUDGE
This matter is before the Court on the Defendant LaCharles Ramsey's Motion to Dismiss Indictment (ECF No. 29). Defendant Ramsey is charged with a single count of possessing a firearm after previously being convicted as a felon in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). (ECF No. 1). He seeks dismissal of the indictment under Federal Rule of Criminal Procedure 12 and New York State Rifle & Pistol Association v. Bruen, 142 S.Ct. 2111 (June 23, 2022). Mr. Ramsey contends that under Bruen and Fifth Circuit progeny United States v. Rahimi, 59 F.4th 443 (5th Cir. 2023) and United States v. Daniels, 77 F.4th 337 (5th Cir. 2023), § 922(g)(1) is unconstitutional as applied to him. The United States has responded in opposition to the motion (ECF No. 30).
For precisely the reasons Court detailed in its recent opinion in United States v. Brown, No. 4:23-cr-71 (N.D. Miss. Dec. 20, 2023) (ECF No. 53), the Court finds that Mr. Ramsey is not entitled to the relief he seeks.
ACCORDINGLY, IT IS ORDERED:
Defendant Ramsey's Motion to Dismiss Indictment (ECF No. 29) is DENIED.
SO ORDERED AND ADJUDGED