United States of America v. Joshua Omar Garcia

Denver, Coloardo criminal defense lawyer represented the Defendant charged with to possession of a firearm as a

felon in violation of 18 U.S.C. § 922(g)(1).



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only, conceding our precedents foreclose his arguments. We exercise jurisdiction

under 28 U.S.C. § 1291 and review Defendant's appeal de novo. See United States v.

Dorris, 236 F.3d 582, 584 (10th Cir. 2000) (explaining we review challenges to the

constitutionality of a statute de novo).

Defendant first argues we must vacate his § 922(g) conviction because it

violates the Second Amendment, citing New York State Rifle & Pistol Ass'n v. Bruen,

597 U.S. 1 (2022) and United States v. Rahimi, 602 U.S. 680 (2024). Defendant raises

both a facial and as-applied challenge. We agree with Defendant that our precedents

foreclose his argument. In United States v. McCane, we held § 922(g)(1) does not violate

the Second Amendment. 573 F.3d 1037, 1047 (10th Cir. 2009). In addition, McCane

"upheld the constitutionality of § 922(g)(1) without drawing constitutional distinctions

based on the type of felony involved.” Vincent v. Bondi, 127 F.4th 1263, 1266 (10th Cir.

2025). McCane remains binding after Bruen and Rahimi, so Defendant's Second

Amendment challenge fails.

Defendant pled guilty.



Affirmed