A gun with weed around leads to federal prison for North Texas man. Should it have?

SAGINAW — Kenleone Nyandoro had by no means been in hassle, however all of sudden {the teenager} and up to date highschool graduate used to be operating from police.

He had fired a gun with pals in a wooded space in the back of his mom’s area in a regular North Texas subdivision with crimson brick properties and smartly manicured lawns. Someone reported gunshots. When police got here, Nyandoro panicked, court docket information say.

The day after his July 2021 arrest on this small town northwest of Fort Worth for illegal wearing of a weapon, police searched his mom’s area and located a small quantity of marijuana in his bed room in addition to weapons. Federal legislation makes it a legal for a drug consumer to possess a firearm. It’s an entire life ban on proudly owning a gun.

For many younger Texans, taking pictures out of doors is a ceremony of passage. But Nyandoro, now 21, is a convicted felon serving greater than 4 years in a federal prison.

Nyandoro’s case highlights an extraordinary gun legislation antagonistic via each the left and the proper, a minimum of in circumstances involving marijuana. Civil liberties and felony justice reform teams agree with many conservatives, libertarians and gun rights teams that the legislation violates the charter’s Second Amendment proper to undergo hands. His conviction and sentence run counter to findings in identical federal circumstances involving gun possession and marijuana use.

Nyandoro informed officials he used to be taking pictures into the bottom within the “heavily wooded” space and didn’t know it used to be unlawful to hearth weapons within the town, court docket information display. His handgun used to be reported stolen in DeSoto, police mentioned. Saginaw police have sought approval from the Texas Attorney General to withhold information comparable to the incident and to Nyandoro.

He certified for a federal court docket diversion program and used to be first of all put on probation after pleading to blame to being a drug consumer in ownership of a firearm. When he used to be kicked out of this system, a pass judgement on sentenced him to prison.

The legislation’s purpose is to stay weapons out of the arms of unhealthy other folks. No threats had been made in Nyandoro’s case and nobody used to be harmed, court docket information display. Even a small quantity of marijuana, which is prison in lots of states, is sufficient to warrant federal prosecution.

Nyandoro, referred to as Kenny, wasn’t charged or convicted of marijuana ownership. The legislation doesn’t require it. Legal critics say that loss of due procedure, or honest remedy via the justice gadget, is difficult.

Two federal district judges, together with one in El Paso, not too long ago dominated the legislation violated the Second Amendment’s proper to gun possession in circumstances involving marijuana. And the Fifth Circuit Court of Appeals, which covers North Texas federal courts, made a identical ruling remaining month – one that would follow to Nyandoro’s case.

His mom, Theresa Harding, mentioned in an interview at her house that her son saved weapons for coverage. At the time, his stepfather, who helped elevate him, had not too long ago died from most cancers, and he or she labored the in a single day shift at a clinic as a nursing assistant.

“He was always concerned about protecting the family,” she mentioned. “He is the man in the house.”

A local of Sierra Leone, Harding moved to Texas about 24 years in the past.

Kenny, whose highschool nickname used to be “Skinny,” sought after to sign up for the Army like his pal, however used to be disillusioned to be informed it wouldn’t occur, she mentioned. He used to be underweight. And he used to be “devastated” when his stepfather died, she mentioned.

Harding mentioned her son once in a while felt peer drive and were given concerned with the unsuitable crowd. But he discovered a task riding a forklift in a warehouse and gave the impression to be on target, she mentioned.

Kenny’s absence, she mentioned, has been tricky for her different son, Moses, a 16-year-old in highschool.

“When his dad died, his brother was his hero,” she mentioned. “Now he’s dealing with two losses.”

Harding mentioned Saginaw police by no means informed her of any considerations that they had about her son.

“He’s a good kid. He’s got a good heart,” she mentioned.

Hunter Biden

Hunter Biden, the President’s son, introduced nationwide consideration to the offense when he used to be charged with the crime in Delaware. Biden, who purchased a gun whilst an admitted crack cocaine consumer, used to be presented probation as a part of a plea deal that still integrated tax fees. The association, below which Biden would break out legal conviction, collapsed after the pass judgement on within the case raised questions.

A new indictment this month charged Biden with 3 counts comparable to his being a drug consumer with a gun.

Prosecutions are uncommon and make up about 5% of unlawful gun ownership circumstances, maximum of which contain felons stuck with weapons, court docket information display. In the 2017 fiscal yr, for instance, 114 such circumstances had been filed in federal courts the place that used to be the lead rate, in accordance to the Transactional Records Access Clearinghouse, a Syracuse University analysis middle.

Mona Sahaf, deputy director of the Vera Institute of Justice’s Reshaping Prosecution initiative in Washington D.C., mentioned federal prosecutors have vast discretion in bringing circumstances however the Justice Department handbook calls for a “substantial federal interest.”

Sahaf, a former federal prosecutor who’s now a felony justice reform recommend, puzzled how Nyandoro’s case wound up in federal court docket.

“There’s a lot of people shooting guns in Texas who have not been charged by the feds,” mentioned Sahaf, whose nonprofit seeks to “end the overcriminalization and mass incarceration of people of color.”

The U.S. legal professional’s place of work in Dallas declined to remark.

Saginaw Police Chief Russell Ragsdale, whose company made the arrest, mentioned in an electronic mail that officials suspected Nyandoro had a “prohibited” stolen short-barreled rifle in his room. The division idea federal government must prosecute the case, he mentioned.

However, it grew to become out the rifle used to be now not unlawful, federal court docket information display.

Rachel Taft, an assistant federal public defender in Fort Worth, argued in court docket that Nyandoro used to be now not unhealthy.

U.S. District Judge Reed O’Connor sentenced him to 51 months in May in Fort Worth. Nyandoro is interesting to the Fifth Circuit.

O’Connor mentioned throughout the listening to that Nyandoro “engaged in dangerous conduct.” He didn’t elaborate.

Shooting within the woods

A dense line of bushes and brush lie immediately in the back of the cul-de-sac on the finish of the Nyandoros’ side road at the fringe of Heather Ridge Estates, keeping apart their quiet suburban group from some other.

The higher stands of within sight Saginaw High School’s soccer stadium, the place Kenny in short performed soccer, peek over the horizon. The town of about 25,000 citizens is house to huge grain silos alongside railroad tracks however has lately misplaced its rural really feel as it grows.

Saginaw police replied in July 2021 to a grievance of gunshots within the wooded space on the finish of the Nyandoros’ side road.

When officials arrived, 3 males ran away. Nyandoro ultimately stopped and used to be detained. Officers discovered a 9mm pistol in his jacket, in accordance to court docket information.

They detained a 2d suspect, now not recognized in court docket information, who discarded a backpack on the scene with some marijuana. Under wondering, the person mentioned he’d been in Nyandoro’s bed room in his mom’s area previous that day and smelled marijuana, court docket information display. He additionally reported seeing a rifle within the room, court docket information mentioned.

The following day, police searched the home with a warrant. In Nyandoro’s bed room, they discovered a small quantity of marijuana, drug paraphernalia and two rifles, court docket information display. They additionally discovered “four small baggies” of marijuana in his car.

After his arrest, Nyandoro, who used to be 19 on the time, admitted to taking pictures within the woods and to the usage of marijuana, court docket information say. He pleaded to blame in June 2022 and used to be approved right into a federal diversion program that will permit the rate to be brushed aside in two years if he stayed out of hassle.

“Everyone accepted you as a candidate, in part because of your age and you have no criminal history,” Magistrate Judge Jeffrey Cureton informed him throughout a listening to.

Nyandoro, alternatively, used to be arrested in Dallas County in December on a state rate of evading arrest with a car and therefore used to be kicked out of the diversion program. Irving police launched a unmarried web page of fundamental information in regards to the arrest and are withholding different information.

Taft known as it an impulsive and younger mistake.

“Quite frankly, he was scared to be arrested again,” she mentioned in court docket.

O’Connor proceeded with the sentencing.

Taft informed the pass judgement on Nyandoro had simply graduated from highschool and labored at a warehouse. He’d by no means been in hassle prior to and used to be “struggling with the loss of his father,” she mentioned.

Nyandoro addressed the pass judgement on prior to studying his destiny.

“I’m glad I was able to keep a job, help my family, work on bettering myself,” he informed O’Connor. “I’m not a bad person. But without thinking, I made a bad decision.”

O’Connor mentioned the Nyandoro case used to be the primary time he used the diversion program and that it would be the remaining.

“I was talked into doing this. I won’t ever do it again,” the pass judgement on mentioned. “So your client has killed it, at least for future people in my court.”

Harding used to be within the court docket when O’Connor introduced the sentence.

“I was very shocked. The punishment doesn’t fit the crime,” she mentioned. “He’s never been dangerous.”

Historical take a look at

The query of the legislation’s constitutionality will hinge on historic precedent.

The Supreme Court dominated in a significant June 2022 resolution that the Second Amendment protects the proper of voters to lift a handgun in public. The resolution struck down a New York legislation requiring a license to achieve this. In that case, New York State Rifle & Pistol Association Inc. v. Bruen, the court docket issued a brand new take a look at for long run gun restrictions, pronouncing they will have to observe the country’s “historical tradition of firearm regulation.”

In different phrases, firearms laws are unconstitutional except the federal government may give proof of a similar restriction that existed around the time of the Second Amendment’s enactment within the overdue 1700s.

Federal judges in El Paso and Oklahoma dominated in two fresh circumstances that the federal government may now not level to any historic rules banning gun possession for voters who sooner or later used “intoxicants.”

U.S. District Judge Kathleen Cardone in El Paso additionally mentioned in her April ruling that historic custom helps disarming most effective voters who dedicated severe crimes.

The legislation in query disarms the ones accused of a misdemeanor rate – marijuana ownership – with out ever being discovered to blame, Cardone wrote. She additionally wondered the chance of marijuana, noting over 20 states legalized its leisure use. Texas isn’t a type of.

“It strains credulity to believe that taking part in such a widespread practice can render an individual so dangerous or untrustworthy that they must be stripped of their Second Amendment rights,” the pass judgement on mentioned.

In the El Paso case, police responding to a disturbance name at a house discovered marijuana and weapons within and arrested the couple. Paola Connelly informed police throughout the December 2021 incident that she used marijuana to assist her sleep and deal with her nervousness.

The Oklahoma pass judgement on made a identical ruling in February, brushing aside the similar rate towards an Arlington guy. Police in Oklahoma stopped Jared Michael Harrison’s car in May 2022 and located marijuana and a gun, court docket information display.

Prosecutors subsidized up their argument via bringing up rules from the 1600s and 1800s. U.S. District Judge Patrick Wyrick used to be unmoved. Under the ones rules, gun ownership used to be against the law most effective for those that had been intoxicated in public, he famous.

“Importantly, none [laws] appear to have prohibited the possession of a firearm in the home for purposes of self-defense,” Wyrick wrote in his order brushing aside the indictment.

And the Fifth Circuit mentioned in its Aug. 9 ruling that America’s historical past and custom “does not justify disarming a sober citizen based exclusively on his past drug usage.”

Andrew Willinger, govt director of the Duke Center for Firearms Law, mentioned the Bruen resolution has pressured judges and legal professionals to “sift through historical evidence” as a prison take a look at when arguing gun circumstances.

He mentioned long run circumstances will most likely come down to a query of risk, since there’s a prison custom of disarming other folks deemed violent or unhealthy. The legislation is also more uncomplicated to shield in circumstances involving onerous medicine like cocaine or heroin, Willinger mentioned.

“Judges are likely going to be more willing to entertain a constitutional challenge when it involves a marijuana user,” Willinger mentioned.

Erich Pratt, senior vice chairman of Gun Owners of America, a gun rights lobbying staff, mentioned early rules banned things like “showing up drunk for militia duty.” But the legislation in query, he mentioned, is tantamount to shedding your proper to power a automotive endlessly should you get inebriated in your house on weekends.

“It should not affect a person’s rights when they are sober,” Pratt mentioned.