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Date: 06-10-2024
Case Style:
United States of America v. Brandon Lee Mayfield
Case Number: 4:22-CR-242
Judge: Gregory K. Frizzell
Court: United States District Court for the Northern District of Oklahoma (Tulsa County)
Plaintiff's Attorney: United States Attorney's office in Tulsa
Defendant's Attorney:
Description:
Tulsa, Oklahoma criminal defense lawyer represented the Defendant charged with possession of a firearm in violaiton of 922(g)(1).
A grand jury indicted Defendant Brandon Lee Mayfield on one count of
possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Defendant pleaded
guilty to this crime. Defendant’s record includes four prior felony convictions—
three for domestic assault and battery by strangulation; and one for domestic assault
and battery, second offense.
Congress long ago prohibited felons from possessing firearms. 18 U.S.C
§ 922(g)(1). Defendant moved to dismiss the indictment against him based on the
Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v.
Bruen, 597 U.S. 1 (2022), which created a new test for the scope of the right to
possess firearms. Defendant filed a motion to dismiss the indictment under Bruen.
The district court denied Defendant’s motion to dismiss. Defendant pleaded guilty
but preserved his right to appeal the denial of his motion to dismiss. The district
court sentenced Defendant to 180 months’ imprisonment and five years’ supervised
release.
Defendant timely filed a notice of appeal. Before Defendant’s sentencing, we
decided Vincent v. Garland, 80 F.4th 1197 (10th Cir. 2023), holding that Bruen does
not expressly overrule our precedent from United States v. McCane, 573 F.3d 1037
(10th Cir. 2009). Accordingly, we upheld the constitutionality of § 922(g)(1) in
Vincent.
Even so, Defendant argues on appeal that § 922(g)(1) violates the Second
Amendment because the Government has not, and cannot, establish a historical
tradition of disarming felons under Bruen. But Defendant acknowledges that Vincent
forecloses his Second Amendment challenges to § 922(g)(1), and he brings these
arguments for preservation only
Outcome: Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments: