Case Explained: United States v. Smith

Court: United States Court of Appeals for the Tenth Circuit Filed: 2026-07-06 Docket: 4:24-CR-00406-GKF-1) The Tenth Circuit affirmed the district court’s judgment, rejecting Defendant Kyle Thomas Smith’s as-applied constitutional challenge to his conviction under 18 U.S.C. § 922(g)(1) for possession of a firearm by a felon. The court held that Smith’s appeal lacks merit because Supreme Court and Tenth Circuit precedent foreclose his argument. Specifically, the panel relied on its decision in *Vincent v. Bondi*, 127 F.4th 1263 (10th Cir. 2025) (“Vincent III”), which reaffirmed that the Second Amendment does not render § 922(g)(1) unconstitutional under the framework established by *United States v. McCane* and clarified by *United States v. Rahimi*. The court further noted that Smith’s position was already foreclosed by *Rocky Mountain Gun Owners v. Polis*, 121 F.4th 96 (10th Cir. 2024), and *United States v. Warner*, 131 F.4th 1137 (10th Cir. 2025). Consequently, the conviction and the sentence of thirty months’ imprisonment and three years’ supervised release remain in effect. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.