United States v. Bacon

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae Supporting Reversal (on petition for rehearing en banc)

Brief filed: 04/05/2018


United States v. Bacon

6th Circuit Court of Appeals; Case No. 17-1166

Prior Decision

884 F.3d 605 (6th Cir. Mar. 8, 2018)


The panel decision conflicts with Class v. United States, __ U.S. __, 138 S.Ct. 798 (2018); United States v. Slone, 411 F.3d 643, 646-49 (6th Cir. 2005); and decisions from other federal courts of appeals and this Court should grant en banc review to address whether defendants waive the right to raise as-applied constitutional challenges to their statutes of conviction by pleading guilty and the standard of review that applies to those challenges. In conflict with District of Columbia v. Heller, 554 U.S. 570 (2008); Tyler v. Hillsdale Cnty. Sherriff’s Dep’t, 837 F.3d 678 (6th Cir. 2008) (En Banc); and decisions from other federal courts of appeals, the panel did not apply heightened scrutiny to determine the constitutionality of restrictions on individual second amendment protections, and this court should grant rehearing en banc to resolve this conflict and address important questions about the analytical framework and level of scrutiny courts must apply to restrictions on these protections. 


David M. Eldridge, Eldridge & Blakney, P.C., Knoxville, TN

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