United States v. Luna

Summary

The court affirmed dismissal of the indictment because the Government forfeited its challenge to the district court’s refusal to consider newly submitted records describing Luna’s underlying conduct. Without those records, Luna’s only predicate was a simple-possession conviction, which the court held insufficient to support disarmament under § 922(g)(1). The court also declined to consider Luna’s pending firearm indictment as an additional basis for disarmament.