United States v. Bramer, No. 15-3121 (8th Cir. 2016)
Annotate this CaseDefendant pled guilty to one count of possession of firearms by a prohibited person - a user of a controlled substance - in violation of 18 U.S.C 922(g)(3), and waived the right to appeal nonjurisdictional issues. On appeal, defendant argued that section 922(g)(3) is unconstitutional because the terms "unlawful user" of a controlled substance and "addicted to" a controlled substance are vague. The court affirmed defendant's conviction. Though it is plausible that these terms could be unconstitutionally vague under some circumstances, defendant does not argue, and has not shown, that either term is vague as applied to his particular conduct of possessing firearms while regularly using marijuana. Under the court's case law, defendant's facial challenge cannot succeed without such a showing.
Court Description: Per Curiam - Before Smith, Beam and Kelly, Circuit Judges] Criminal case - Criminal law. A defendant must show that the criminal statute challenged as unconstitutionally vague is vague as applied to his particular conduct, and there is no basis in the record to conclude that the term "unlawful user" of a controlled substance in 18 U.S.C. Sec. 922(g)(3) is unconstitutionally vague as applied to defendant's conduct (possessing a firearm while regularly using marijuana).
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