Order — United States v. Carlos Alston, No. 5:23-CR-00021-FL-RN-1 (Dkt. 21, E.D.N.C.)
Summary
In this order in United States v. Carlos Alston, No. 5:23-CR-00021-FL-RN-1 (E.D.N.C.), United States Magistrate Judge Robert T. Numbers, II scheduled a hearing on the defendant's motion to dismiss. According to the order, a federal grand jury returned a two-count indictment in January 2023: one count of knowingly receiving a firearm while under state felony indictment and one of possessing a firearm while addicted to marijuana. Alston moved to dismiss a month later, contending that 18 U.S.C. 922(g)(3) and 922(n) are facially unconstitutional under Bruen, in which the Supreme Court ruled that modern firearms regulations must accord with both the text and the historical understanding of the Second Amendment. The in-person hearing was set for 11:00 a.m. on May 31, 2023 in Raleigh, North Carolina.
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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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