United States v. Hemani

A grand jury indicted Ali Danial Hemani in February 2023 for violating 18 U.S.C. § 922(g)(3), a federal law prohibiting firearm possession by an “unlawful user of…a controlled substance.” The indictment alleged that in August 2022, Hemani knowingly possessed a Glock 19 9mm pistol while being an unlawful user of controlled substances. The government specified that Hemani allegedly used marijuana, promethazine, and cocaine. The pistol was located in the closet of Hemani’s parents’ home. Crucially, the prosecution did not allege that Hemani was intoxicated or using a controlled substance at the precise time he possessed the firearm. The government’s case rested on his status as a regular drug user, not on simultaneous use and possession. Hemani filed a motion to dismiss the indictment, arguing the law was unconstitutional as applied to him. The U.S. District Court for the Eastern District of Texas granted the motion and dismissed the indictment. The U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal, concluding that a binding regional precedent (United States v. Connelly) rendered the law’s application to Hemani unconstitutional.