UNITED STATES OF AMERICA v. TERRENCE WAYNE VANOCHTEN - Articles

All Content

UNITED STATES OF AMERICA v. TERRENCE WAYNE VANOCHTEN

Posted by: Azya Thornton on Aug 8, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Pedro Celis, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Grand Rapids, Michigan, for Appellant.

Attorneys 2: ARGUED: John J. Schoettle, UNITED STATES ATTORNEY’S OFFICE, Grand Rapids, Michigan, for Appellee.

Attorneys 3: ON BRIEF: Sean R. Tilton, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Grand Rapids, Michigan, for Appellant.

Attorneys 4: ON BRIEF: John J. Schoettle, UNITED STATES ATTORNEY’S OFFICE, Grand Rapids, Michigan, for Appellee.

Judge(s): CLAY, THAPAR, and READLER, Circuit Judges

Court Appealed: United States District Court for the Western District of Michigan at Grand Rapids

READLER, Circuit Judge. Section 922(g)(3) of Title 18 prohibits unlawful drug users from possessing firearms. 18 U.S.C. § 922(g)(3). Echoing the sentiment that drug users in possession of firearms raise heightened safety concerns, the Sentencing Guidelines instruct district courts to increase a defendant’s base offense level in firearm possession cases if he is a “person described” in § 922(g)(3)—in other words, if he is an unlawful user of controlled substances and possesses firearms. U.S. Sent’g Guidelines Manual § 2K2.1(a)(4)(B) (U.S. Sent’g Comm’n 2024) (hereinafter Guidelines); id. cmt. n.3. In this case, Terrence Wayne VanOchten pleaded guilty to possessing three unregistered firearms (pipe bombs). Over VanOchten’s opposition, the district court increased his base offense level on the grounds that he is a “person described” in § 922(g)(3). Id. cmt. n.3. That leaves us to resolve the constitutional question at the heart of VanOchten’s objection: whether § 922(g)(3) may be enforced against him, consistent with the Second Amendment. We agree with the government that it can, and thus affirm the district court’s sentence.

Attachments: