Order — United States v. Alston (Dkt. 21, E.D.N.C.)

Summary

Magistrate Judge Robert T. Numbers, II of the Eastern District of North Carolina set a hearing on Carlos Alston's motion to dismiss the indictment in No. 5:23-CR-00021-FL-RN-1. The order recounts that a grand jury charged Alston in January 2023 with receiving a firearm while under state felony indictment, under 18 U.S.C. 922(n), and possessing a firearm while addicted to marijuana, under 922(g)(3), and that Alston contends both statutes are facially unconstitutional under New York State Rifle & Pistol Ass'n, Inc. v. Bruen. To give the parties an opportunity to be heard before ruling, the court set an in-person hearing for 11:00 a.m. on Wednesday, May 31, 2023 at the Terry Sanford Federal Building and U.S. Courthouse in Raleigh. The order is dated April 26, 2023 and was filed April 27, 2023.

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IN THE UNITED STATES DISTRICT COURT
                  FOR THE EASTERN DISTRICT OF NORTH CAROLINA
                               WESTERN DIVISION
                             No. 5:23-CR-00021-FL-RN-1

 United States of America,

 v.
                                                                      Order
 Carlos Alston,

                        Defendant.



       In January 2023, a federal grand jury charged Defendant Carlos Alston with a two-count

indictment. Indictment, D.E. 11. The first count charges Alston with knowingly receiving a firearm

while under state felony indictment, in violation of 18 U.S.C. § 922(n). And the second charges

him with possessing a firearm while addicted to marijuana, in violation of 18 U.S.C. § 922(g)(3).

Alston moved to dismiss his federal indictment a month later, contending that §§ 922(g)(3) and

922(n) are facially unconstitutional under New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 142

S. Ct. 2111 (2022). Mot. Dismiss, D.E. 17. In Bruen, the Supreme Court held that modern firearms

regulations must accord with both the text and the historical understanding of the Second

Amendment. Id. at 2131.

       To give the parties an opportunity to be heard before issuing its ruling, the court will hold

a hearing to discuss Alston’s motion to dismiss. This hearing will take place in person at 11:00

a.m. on Wednesday, May 31, 2023 at the Terry Sanford Federal Building and U.S. Courthouse in

Raleigh, North Carolina.

Dated:
Dated: April 26, 2023

                                             ROBERT T. NUMBERS, II
                                             ______________________________________
                                             U      STATES
                                              NITEDT.
                                             Robert         M II
                                                              AGISTRATE JUDGE
                                                       Numbers,
                                             United States Magistrate Judge



        Case 5:23-cr-00021-FL-RN Document 21 Filed 04/27/23 Page 1 of 1

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