United States of America v. Andre Edwards Sanchez

El Paso, Texas criminal defense lawyer represented the Defendant charged with possession of a firearm while being an unlawful user of a controlled substance, in violation of 18 U.S.C. § 922(g)(3).



On April 30, 2021, law enforcement officers stopped a vehicle being driven by Sanchez after a license plate search showed it was stolen. While searching Sanchez, they found a gun, suspected Xanax pills, and a usable quantity of marijuana. A blood-draw test confirmed the presence of Tetrahydrocannabinol (THC), a compound found in marijuana, in Sanchez's system. Sanchez had one juvenile adjudication for possession of marijuana in 2017. A grand jury indicted Sanchez for possessing a firearm while being an unlawful user or addict of a controlled substance, in violation of 18 U.S.C. § 922(g)(3).

Sanchez moved to dismiss the indictment, arguing that: (1) § 922(g)(3) violates the Second Amendment facially and as applied to him under New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022), and (2) § 922(g)(3) is unconstitutionally vague on its face and as applied to him.

The district court sentenced him to time served and three years of supervised release.



Affirmed