United States of America v. Lance James Talbot

Cheyenne, Wyoming criminal defense lawyer represent the Defendant charged with felony possession of ammunition in violation of 18 U.S.C. § 922(g)(1).



Lance James Talbot was charged with being a felon unlawfully in possession of ammunition, in violation of 18 U.S.C. § 922(g)(1). He moved to dismiss the charge, arguing § 922(g) was unconstitutional, both facially and as applied, under New York * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022). After the district court denied Talbot's motion, he entered a conditional plea of guilty, Fed. R. Crim. P. 11(a)(2),specifically preserving his right to appeal the denial of his motion to dismiss. Onappeal to this court, Talbot conceded his claims of error were foreclosed by this

court's then-recent decision in Vincent v. Garland ("Vincent I”), 80 F.4th 1197, 1202(10th Cir. 2023), but raised the claim for preservation purposes "pending furtherdevelopments within the Tenth Circuit or at the Supreme Court.” United States v.Talbot, No. 23-8025, 2024 WL 2013910, at *1 (10th Cir. May 7, 2024). This court acknowledged Talbot "preserved the issue in the hope of further review.” Id. (quotation omitted). Nevertheless, because his claim of error was foreclosed by Vincent I, this court affirmed the district court's judgmen

The judgment of the United States District Court for the District of Wyoming

is hereby AFFIRMED.