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U.S. v. CARTER

No. 12-5045.

750 F.3d 462 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Benjamin Tod CARTER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 30, 2014.

Attorney(s) appearing for the Case

ARGUED: Lex A. Coleman , Office Of The Federal Public Defender, Charleston, West Virginia, for Appellant. Philip Henry Wright , Office Of The United States Attorney, Charleston, West Virginia, for Appellee. ON BRIEF: Mary Lou Newberger , Federal Public Defender, Jonathan D. Byrne , Office Of The Federal Public Defender, Charleston, West Virginia, for Appellant. R. Booth Goodwin, II , United States Attorney, Joshua C. Hanks , Assistant United States Attorney, Office of the United States Attorney, Charleston, West Virginia, for Appellee.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge DIAZ and Senior Judge HAMILTON joined.

NIEMEYER, Circuit Judge:

Following his conviction and sentencing for possessing two firearms while being an unlawful user of and addicted to a controlled substance (marijuana), in violation of 18 U.S.C. § 922(g)(3), Benjamin Carter appealed, contending that § 922(g)(3) infringed on his right to bear arms, in violation of the Second Amendment. We vacated the judgment and remanded the case to the district court to allow the government to substantiate the fit...

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