Zachary Michael Linan v. United States
SecondAmendment DueProcess Punishment
Did the Fifth Circuit err in affirming the district court's application of sentencing guidelines in a manner that expands judicial fact-finding beyond the jury's verdict, in violation of constitutional rights?
1. Did the Fifth Circuit err in affirming the district court’s application of U.S.S.G. § 2A1.2(a)(1) (Second Degree Murder) rather than § 2A2.2 (Aggravated Assault) or § 2K2.1 (Prohibited Possession of Firearms) in a manner that expands judicial fact -finding at sentencing beyond the jury’s verdict, in violation of the Fifth and Sixth Amendments and in conflict with the principle that sentencing enhancements should not be based on unproven allegations? 2. Is U.S.C. § 922(g)(1) unconstitutional in light of Bruen and its accompanying decisions?