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Old August 27, 2012, 06:54 PM   #369
Al Norris
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,319
The first amended complaint in Scocca was filed on August 6th. That was 3 weeks ago. It can be found, here.

Why did I know that you would bring up Vonxay?

US v. Vongxay, 09-10072

Quote:
Argued 01/12/2010
Submitted 01/12/2010
Decided 02/09/2010
Published 02/09/2010

Summary: Defendant's conviction for being a felon in possession of a firearm is affirmed where: 1) 18 U.S.C. section 922(g)(1) does not violate defendant's Second Amendment right to bear arms; 2) section 922(g)(1) did not violate the equal protection guarantee of the Fifth Amendment; and 3) for purposes of a claim that he was unconstitutionally searched, defendant's act of raising his hands to his head constituted implied consent to search.
As for Nordyke, there was always the possibility (IIRC, since about 2006) that the court would do exactly what it did. At this moment in time, Nordyke means nothing in the overall scheme of 2A litigation. It turns out that the case was a "Hail Mary" play.

Unpublished opinions carry less weight than memorandums of law. Memorandums carry less weight than published opinions. Unpublished opinions may be citable, but like memorandums, they are not persuasive. Fact is, an unpublished opinion, memorandum or even a published opinion is not binding, even to a court within the same district.
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