United States of America v. Christopher Wuchter

United States Court of Appeals
For the Eighth Circuit
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No. 24-2648
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United States of America,
lllllllllllllllllllllPlaintiff - Appellee,
v.
Christopher Wuchter,
lllllllllllllllllllllDefendant - Appellant.
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Appeal from United States District Court
for the Northern District of Iowa - Western
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Submitted: May 16, 2025
Filed: July 21, 2025
[Unpublished]
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Before COLLOTON, Chief Judge, SMITH and SHEPHERD, Circuit Judges.
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PER CURIAM.
Christopher Wuchter entered a conditional guilty plea to unlawful possession
of a firearm as an unlawful user of a controlled substance. See 18 U.S.C. § 922(g)(3).
He reserved the right to appeal an order of the district court* denying his motion to
dismiss the indictment.
After a grand jury charged Wuchter with a violation of § 922(g)(3), he moved
to dismiss the indictment on the ground that the statute is unconstitutional on its face
under the Second Amendment. The district court denied the motion, and Wuchter
entered a conditional guilty plea. On appeal, Wuchter argues that § 922(g)(3) is
unconstitutional on its face, and that the district court should have dismissed the
indictment. Wuchter’s argument is foreclosed by circuit precedent. United States v.
Seay, 620 F.3d 919, 925 (8th Cir. 2010); see also United States v. Veasley, 98 F.4th
906, 908 (8th Cir.), cert. denied, 145 S. Ct. 304 (2024). The Supreme Court’s
decision in United States v. Rahimi, 602 U.S. 680 (2024), did not call into question
our precedent. United States v. Smith, No. 23-3570, 2025 WL 25946, at *1 (8th Cir.
Jan. 3, 2025) (per curiam) (unpublished); see United States v. Baxter, 127 F.4th 1087,
1089 n.1 (8th Cir. 2025); Clark v. United States, 124 F.4th 1109, 1109 (8th Cir.
2025), petition for cert. filed (U.S. May 13, 2025) (No. 24-7188).
The judgment of the district court is affirmed.
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*The Honorable C.J. Williams, Chief Judge, United States District Court for the
Northern District of Iowa.
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