Drug User Gets a Re-do on Unlawful Firearms Sentencing

A man convicted of possessing illegal firearms must be re-sentenced under proper guidelines yet was unable to convince a federal appeals court Monday that his constitutional rights were violated.

A district court improperly applied sentencing enhancements for possessing multiple firearms and stolen firearms to Stephen Simmons’ conviction for violating the National Firearms Act, Judge Nicole G. Berner said. The US Court of Appeals for the Fourth Circuit vacated the two enhancements and remanded the case for re-sentencing.

But the Fourth Circuit rejected Simmons’ constitutional challenge to an enhancement concerning his unlawful drug use.

“The Second Amendment cannot shield Simmons ...