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U.S. v. CHESTER

No. 09-4084.

628 F.3d 673 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. William Samuel CHESTER, Jr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 30, 2010.

Attorney(s) appearing for the Case

ARGUED: Edward Henry Weis , Office of the Federal Public Defender, Charleston, West Virginia, for Appellant. Elizabeth Dorsey Collery , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Mary Lou Newberger , Federal Public Defender, Jonathan D. Byrne , Appellate Counsel, Office of the Federal Public Defender, Charleston, West Virginia, for Appellant. Charles T. Miller , United States Attorney, Gerald M. Titus, III , Assistant United States Attorney, Office of the United States Attorney, Charleston, West Virginia, for Appellee.

Vacated and remanded by published opinion. Chief Judge TRAXLER wrote the majority opinion, in which Judge AGEE joined. Judge DAVIS wrote a separate opinion concurring in the judgment.

ON REHEARING

TRAXLER, Chief Judge:

The sole issue presented in this appeal is whether William Samuel Chester's conviction for illegal possession of a firearm under 18 U.S.C. § 922(g)(9) abridges his right to keep and bear arms under the Second Amendment in light of District of Columbia v. Heller, 554 U.S. 570, 128 S.Ct. 2783, 171 L.Ed.2d 637 (2008). We vacate the decision below and remand for further proceedings...

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