United States of America v. Devonta Cobbs

United States Court of Appeals
For the Eighth Circuit
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No. 24-1963
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Devonta Cobbs
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Northern District of Iowa - Western
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Submitted: January 14, 2025
Filed: April 25, 2025
[Unpublished]
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Before SMITH, BENTON, and ERICKSON, Circuit Judges.
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PER CURIAM.
Devonta Cobbs conditionally pleaded guilty to possession of a firearm as an
unlawful user of a controlled substance, in violation of 18 U.S.C. § 922(g)(3),
reserving his right to facially challenge § 922(g)(3)’s constitutionality. On appeal, he
argues that his conviction under § 922(g)(3) violates the Second Amendment.

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Cobbs’s “facial challenge is defeated by controlling precedent.” Clark v. United
States, 124 F.4th 1109, 1109 (8th Cir. 2025) (citing United States v. Veasley, 98 F.4th
906, 918 (8th Cir. 2024) (finding § 922(g)(3) constitutional because “at least some
drug users and addicts fall within a class of people who historically have had limits
placed on their right to bear arms”); United States v. Tucker, No. 23-2758, 2024 WL
3634232, at *2 (8th Cir. Aug. 2, 2024) (unpublished per curiam) (rejecting a facial
challenge to § 922(g)(3) because “another panel of this court held the law is not
facially unconstitutional” in Veasley); United States v. Shannon, No. 24-1227, 2024
WL 4224030, at *1 (8th Cir. Sept. 18, 2024) (unpublished per curiam) (finding the
defendant’s facial challenge to § 922(g)(3) fails “as he has not demonstrated any error
that was clear or obvious under current law”)).
The judgment of the district court1 is affirmed.
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1The Honorable Leonard T. Strand, United States District Judge for the
Northern District of Iowa.
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