United States of America v. Terrence Wayne VanOchten

Grand Rapids, Michigan, criminal defense lawyer represented the Defendant charged with felony possession of a firearm by a drug user.



Section 922(g)(3) of Title 18 prohibits unlawful drug users from possessing firearms. 18 U.S.C. § 922(g)(3). Echoing the sentiment that drug users in possession of firearms raise heightened safety concerns, the Sentencing Guidelines instruct district courts to increase a defendant's base offense level in firearm possession cases if he is a "person described” in § 922(g)(3)—in other words, if he is an unlawful user of controlled substances and possesses firearms. U.S. Sent'g Guidelines Manual § 2K2.1(a)(4)(B) (U.S. Sent'g Comm'n 2024) (hereinafter Guidelines); id. cmt. n.3.

Terrence Wayne VanOchten pleaded guilty to possessing three unregistered firearms (pipe bombs). Over VanOchten’s opposition, the district court increased his base

offense level on the grounds that he is a “person described” in § 922(g)(3). Id. cmt. n.3. That leaves us to resolve the constitutional question at the heart of VanOchten’s objection: whether § 922(g)(3) may be enforced against him, consistent with the Second Amendment.



Affirmed