U.S. v. PRUESS

No. 11-5127.

703 F.3d 242 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Gregory Roland PRUESS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 31, 2012.


Attorney(s) appearing for the Case

ARGUED: Ann Loraine Hester , Federal Defenders of Western North Carolina, Inc., Charlotte, NC, for Appellant. Amy Elizabeth Ray , Office of the United States Attorney, Asheville, NC, for Appellee. ON BRIEF: Henderson Hill , Executive Director, Peter S. Adolf , Assistant Federal Defender, Federal Defenders of Western North Carolina, Inc., Charlotte, NC, for Appellant. Anne M. Tompkins , United States Attorney, Charlotte, NC, for Appellee.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge DUNCAN and Judge WYNN joined.


OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Gregory Roland Pruess, a convicted felon, pled guilty to possession of ammunition in violation of 18 U.S.C. § 922(g)(1) (2006). In doing so, he reserved the right to challenge the conviction as a violation of his rights under the Second and Fifth Amendments. Pruess contends that application of the felon-in-possession prohibition to him, an assertedly non-violent felon, violates the Constitution. For the reasons...

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