United States of America v. Torion Tamaz Byrd

United States Court of Appeals
For the Eighth Circuit
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No. 25-1742
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United States of America
Plaintiff - Appellee
v.
Torion Tamaz Byrd
Defendant - Appellant
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Attorneys on Retainer Association
Amicus on Behalf of Appellant(s)
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Appeal from United States District Court
for the Northern District of Iowa - Western
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Submitted: April 13, 2026
Filed: June 18, 2026
[Unpublished]
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Before LOKEN, SHEPHERD, and STRAS, Circuit Judges.
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PER CURIAM.
Torion Byrd argues that his felon-in-possession conviction, see 18 U.S.C.
§ 922(g)(1), violated both the Second Amendment and the Commerce Clause.
Circuit precedent forecloses both arguments. See Owsley v. Luebbers, 281 F.3d 687,
690 (8th Cir. 2002) (“It is a cardinal rule in our circuit that one panel is bound by the
decision of a prior panel.”).
Under federal law, felons like Byrd cannot possess firearms. See 18 U.S.C.
§ 922(g)(1) (disarming those “who ha[ve] been convicted” of “a crime punishable
by imprisonment for a term exceeding one year”). A pair of recent cases concluded
that the felon-in-possession statute does not violate the Second Amendment, either
facially or as-applied. See United States v. Cunningham, 114 F.4th 671, 675 (8th
Cir. 2024) (holding that it is facially constitutional); United States v. Jackson, 110
F.4th 1120, 1125 (8th Cir. 2024) (cutting off as-applied challenges too). And it is
“well settled that Congress did not . . . exceed its authority under the Commerce
Clause” in passing it. United States v. Joos, 638 F.3d 581, 586 (8th Cir. 2011). To
the extent Byrd disagrees, his remedy lies with the en banc court, not with us. See
Liberty Mut. Ins. Co. v. Elgin Warehouse & Equip., 4 F.3d 567, 571 (8th Cir. 1993)
(“In this circuit only an en banc court may overrule a panel decision . . . .”). We
accordingly affirm the judgment of the district court.1
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1 The Honorable Leonard T. Strand, United States District Judge for the
Northern District of Iowa.

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