United States of America v. Richard Joseph Price

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 24-3344
___________________________
United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Richard Joseph Price
lllllllllllllllllllllDefendant - Appellant
____________
Appeal from United States District Court
for the Western District of Arkansas - Fayetteville
____________
Submitted: March 20, 2026
Filed: March 25, 2026
[Unpublished]
____________
Before SMITH, GRASZ, and STRAS, Circuit Judges.
____________
PER CURIAM.
Richard Price 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 Timothy L. Brooks, Chief Judge, United States District Court
for the Western District of Arkansas.

-- 1 of 2 --

the indictment on Second Amendment grounds and that his base offense level was
incorrectly calculated because his prior Arkansas convictions do not meet the
definition of a “controlled substance offense.” Upon careful review, we conclude that
the district court properly denied the motion and calculated the enhanced base offense
level, as Price’s arguments are foreclosed by this court’s precedent. See United States
v. Jackson, 110 F.4th 1120, 1125, 1129 (8th Cir. 2024), cert. denied, 145 S. Ct. 2708
(2025); see also United States v. Henderson, 11 F.4th 713, 718-19 (8th Cir. 2021).2
Accordingly, we affirm.
______________________________
2Even if an as-applied challenge to the felon-in-possession statute were
available to Price, he could not succeed. He has dozens of criminal convictions,
several of them violent. This criminal history leaves no doubt that he “present[s] a
credible threat to the physical safety of others.” United States v. Rahimi, 602 U.S.
680, 700 (2024).
-2-

-- 2 of 2 --