United States of America v. Aaron Christopher Lindsey

United States Court of Appeals
For the Eighth Circuit
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No. 23-2871
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United States of America
Plaintiff - Appellee
v.
Aaron Christopher Lindsey
Defendant - Appellant
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Appeal from United States District Court
for the Southern District of Iowa - Central
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Submitted: December 6, 2024
Filed: December 16, 2024
[Unpublished]
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Before COLLOTON, Chief Judge,1 GRUENDER, and KELLY, Circuit Judges.
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PER CURIAM.
Aaron Lindsey pleaded guilty to one count of making false statements to a
financial institution and conditionally pleaded guilty to one count of being a felon in
1 Judge Melloy took inactive senior status on October 4, 2024. Chief Judge
Colloton was assigned to replace Judge Melloy on the panel pursuant to Eighth
Circuit Rule 47E.

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possession of a firearm, preserving his right to appeal the district court’s2 denial of
his motion to dismiss the felon-in-possession charge. He was sentenced to 48
months’ imprisonment. Lindsey appeals, arguing that the felon-in-possession
statute, 18 U.S.C. § 922(g)(1), violates the Second Amendment both on its face and
as applied to him.
We affirmed the district court’s judgment in May 2024. United States v.
Lindsey, No. 23-2871, 2024 WL 2207445 (8th Cir. May 16, 2024). The case is now
on remand from the Supreme Court for further consideration in light of United States
v. Rahimi, 602 U.S. 680 (2024).
We again conclude that precedent forecloses Lindsey’s contentions.
Following the Supreme Court’s decision in Rahimi, we held that “[t]he longstanding
prohibition on possession of firearms by felons is constitutional,” United States v.
Cunningham, 114 F.4th 671, 675 (8th Cir. 2024), and that there is “no need for
felony-by-felony litigation regarding the constitutionality of § 922(g)(1),” United
States v. Jackson, 110 F.4th 1120, 1125 (8th Cir. 2024). Accordingly, Lindsey’s
facial and as-applied constitutional challenges to § 922(g)(1) fail.
Affirmed.
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2 The Honorable Stephanie M. Rose, Chief Judge, United States District Court
for the Southern District of Iowa.

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