Case Explained: Non-Argument Calendar UNITED STATES OF AMERICA v. TOCOREY JAMEL GIBBS

Court: United States Court of Appeals for the Eleventh Circuit Filed: 2026-06-22 Docket: 3:24-cr-00203-MMH-LLL-1 The eleventh-circuit affirmed the defendant’s conviction and sentence for possessing a firearm as a convicted felon under 18 U.S.C. §§ 922(g)(1) & 924(a)(8). The court held that Section 922(g)(1) is constitutional under the Second Amendment, relying on binding Eleventh Circuit precedent establishing this validity which has not been overruled or undermined by the Supreme Court. Regarding the sentence, the court applied an abuse of discretion standard to review the claim of substantive unreasonableness, finding that the 32-month term was well within the statutory maximum and guideline range. The court determined the district court did not abuse its discretion because it considered all relevant § 3553(a) factors, including the defendant’s prior violent conduct and the seriousness of the offense, and the defendant failed to identify any similarly situated defendants who received more lenient sentences to support a claim of unwarranted disparity. Consequently, the conviction and sentence remain in effect. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.