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United States v. Giraitis

United States District Court, D. Rhode Island

August 28, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
LOUIS GIRAITIS, Defendant

         Order Filed: June 16, 2016.

         Decided August 27, 2015.

          For Louis M. Giraitis, Defendant: Olin W. Thompson, LEAD ATTORNEY, Federal Defender's Office, Providence, RI.

         For USA, Plaintiff: Pamela E. Chin, LEAD ATTORNEY, United States Attorney's Office, Providence, RI.

         ORDER

         William E. Smith, Chief United States District Judge.

         The Report and Recommendations of United States Magistrate Judge Licoln D. Almond filed on June 16, 2015 (ECF #37) in the above-captioned matter is hereby accepted pursuant to Title 28 United States Code § 636(b)(1). No objection having been filed to the Report & Recommendation, the defendant's Motion to Dismiss (ECF #34) is hereby DENIED.

         REPORT AND RECOMMENDATION

         LINCOLN D. ALMOND, United States Magistrate Judge.

         Pending before me for a report and recommendation (28 U.S.C. § 636(b)(1)(B)) is Defendant's Motion to Dismiss the Indictment in this case. (Document No. 34). The Government opposes the Motion. (Document No. 35). A hearing was held on June 5, 2015.

Page 2

          On April 1, 2015, the Grand Jury returned a one-count Superseding Indictment charging Defendant with violating 18 U.S.C. § 930(e)(1). (Document No. 30). In particular, the Indictment charges that " [o]n or about December 31, 2013, in the District of Rhode Island, the Defendant Louis M. Giraitis, did knowingly possess or cause to be present a dangerous weapon, to wit: a .32 caliber Harrington & Richardson handgun, Serial Number 8191, in a Federal court facility." Id. Section 930(e)(1), 18 U.S.C., provides that:

Except as provided in paragraph (2),[1] whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal court facility, or attempts to do so, shall be fined under this title, imprisoned not more than two years, or both.

         Discussion

         Defendant moves for dismissal " on the grounds that the Indictment charges a crime pursuant to a statute which was enacted in contravention of the protections encompassed in the Second Amendment to the United States Constitution." (Document No. 34 at p. 1). The Second Amendment declares that " [a] well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed." The Government counters that Section 930(e)(1), 18 U.S.C., passes constitutional muster because it is narrowly tailored to meet the compelling interest of ...


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