United States v. Cook, No. 18-1343 (7th Cir. 2019)
Annotate this CasePolice conducted a traffic stop of Cook's car, approached the car and noticed a strong odor of marijuana. Cook was driving on a suspended license and without a license plate on the front of his vehicle, so the officers ordered him to step out of the vehicle and removed a loaded, .40-caliber pistol from a holster under Cook’s shoulder. The gun had an extended 22-round capacity magazine with 19 bullets remaining. In purchasing the firearm, Cook completed an ATF form, answering “no” to the question, “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?” During a recorded interview, Cook acknowledged that he had used marijuana almost daily for nearly 10 years and had smoked two “blunts” that day. Cook ultimately produced a small packet containing a half ounce of marijuana. Cook was convicted of being an unlawful user of a controlled substance in possession of a firearm, 18 U.S.C. 922(g)(3). The Seventh Circuit affirmed. A defendant whose conduct is clearly prohibited by a statute cannot make a facial vagueness challenge. There is a substantial relationship between the government’s legitimate interest in preventing violent crime and the statute’s ban on gun possession by unlawful drug users. The court also rejected a challenge to the jury instructions.
The court issued a subsequent related opinion or order on August 17, 2020.
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