United States of America v. John Balentine

United States Court of Appeals
For the Eighth Circuit
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No. 24-3433
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
John Balentine
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Eastern District of Arkansas - Northern
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Submitted: March 5, 2026
Filed: March 10, 2026
[Unpublished]
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Before SHEPHERD, KELLY, and ERICKSON, Circuit Judges.
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PER CURIAM.
John Balentine appeals after he pleaded guilty to being a felon in possession
of a firearm. He argues that the district court1 erred by denying his motion to dismiss
1The Honorable Lee P. Rudofsky, United States District Judge for the Eastern
District of Arkansas.

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the indictment because the prosecution violated the Second Amendment, both facially
and as applied to him. Upon careful review, we conclude that the district court
properly denied the motion, as Balentine’s argument is foreclosed by our precedent.
See United States v. Seay, 620 F.3d 919, 923 (8th Cir. 2010) (standard of review);
United States v. Jackson, 110 F.4th 1120, 1124-25 (8th Cir. 2024), cert. denied, 145
S. Ct. 2708 (2025); United States v. Cunningham, 114 F.4th 671, 675 (8th Cir. 2024).
Accordingly, we affirm.
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