USA v. Allred
Split Score
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Case Summary
Disposition
Affirmed
The Fifth Circuit upheld Jeremy Scott Allred’s conviction under 18 U.S.C. § 922(g)(9) for possessing a firearm after a misdemeanor domestic-violence conviction. The panel rejected both a Commerce Clause challenge and an as-applied Second Amendment challenge, concluding that § 922(g)(9) fits within the Nation’s historical tradition of disarming dangerous persons and therefore passes the Bruen test.
Circuit Split Identified
Legal Issue
Whether courts should use a categorical, offense-based test or conduct an individualized assessment of the defendant’s specific conduct and history when deciding as-applied Second Amendment challenges to 18 U.S.C. § 922(g).
Circuit Positions
Categorical approach – evaluate the statute of conviction only; individualized facts are irrelevant in as-applied Second Amendment challenges.
Individualized assessment approach – consider the defendant’s specific conduct, record, and circumstances when evaluating an as-applied Second Amendment challenge.
Conflict Summary
The Fifth Circuit applies a categorical “felony-by-felony” (or statute-based) inquiry, holding that once a defendant’s prior conviction fits within § 922(g) the court need not examine that individual’s personal circumstances. Several other circuits either require or permit an individualized assessment that looks to the particular facts of the defendant’s prior offense and overall history to decide dangerousness under Bruen.