United States of America v. Nicolas Oneal Garrett

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 24-2433
___________________________
United States of America
Plaintiff - Appellee
v.
Nicolas Oneal Garrett
Defendant - Appellant
____________
Appeal from United States District Court
for the Southern District of Iowa - Eastern
____________
Submitted: October 20, 2025
Filed: April 2, 2026
[Unpublished]
____________
Before SMITH, KELLY, and GRASZ, Circuit Judges.
____________
PER CURIAM.
Nicolas Garrett was indicted for being a prohibited person in possession of a
firearm. See 18 U.S.C. §§ 922(g)(1), (g)(9), 924(a)(8). He moved to dismiss the
indictment on the ground that § 922(g)(1) violated the Second Amendment, both

-- 1 of 2 --

-2-
facially and as applied to him. The district court1 denied his motion to dismiss, and
Garrett pled guilty to being a prohibited person in possession of a firearm, in
violation of §§ 922(g)(1) and 924(a)(8). Garrett appeals the denial of his motion to
dismiss, reasserting his Second Amendment challenges.
We review the constitutionality of a statute de novo. United States v. Charles,
159 F.4th 545, 546 (8th Cir. 2025). Having carefully considered Garrett’s
arguments, we conclude the district court did not err in denying his motion to dismiss
the indictment because, as Garrett acknowledges, our precedent forecloses his
challenges to § 922(g)(1). See United States v. Cunningham, 114 F.4th 671, 675
(8th Cir. 2024) (“The longstanding prohibition on possession of firearms by felons
is constitutional . . . .”); United States v. Jackson, 110 F.4th 1120, 1125 (8th Cir.
2024) (“[T]here is no need for felony-by-felony litigation regarding the
constitutionality of § 922(g)(1).”). Garrett urges us to reconsider Jackson, but we
cannot do so. See, e.g., United States v. Escobar, 970 F.3d 1022, 1027 (8th Cir.
2020) (“[O]nly the en banc court can overrule a prior panel’s decision.”).
Accordingly, we affirm.
______________________________
1 The Honorable Rebecca Goodgame Ebinger, United States District Judge for
the Southern District of Iowa.

-- 2 of 2 --