Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

First(?) significant(?) Second Amendment ruling favoring a federal criminal defendant

By Douglas A. Berman

Thanks to this post by Eugene Volokh, titled "Rare (Partial) Victory in Second Amendment Case," I learned that earlier this week a federal district judge issued this brief opinion in US v. Engstrum, No. 2:08-CR-430 (D. Utah June 15, 2009), that rules in favor of a criminal defendant based on the Second Amendment.  Though Eugene calls this a "rare" victory, I think it is the first and so far only victory for a federal criminal defendant arguing that the Second Amendment should impact his federal criminal prosecution for a gun possession crime.  The ruling in Engstrum is a nuanced and somewhat limited ruling (which is why it is described as just a "partial" victory for the defendant).  Despite its limits, I still think Engstrum is potentially significant for both legal and political reasons...continue to full post

Full post as published by Sentencing Law and Policy on June 19, 2009 (boomark / email).