United States District Court, D. Rhode Island
Filed: June 16, 2016.
August 27, 2015.
Louis M. Giraitis, Defendant: Olin W. Thompson, LEAD
ATTORNEY, Federal Defender's Office, Providence, RI.
USA, Plaintiff: Pamela E. Chin, LEAD ATTORNEY, United States
Attorney's Office, Providence, RI.
E. Smith, Chief United States District Judge.
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.
D. ALMOND, United States Magistrate Judge.
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.
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.,
Except as provided in paragraph (2), 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.
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 ...