UNITED STATES OF AMERICA v. MILDER ESCOBAR-TEMAL - Articles

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Posted by: Azya Thornton on Dec 15, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Alex Thomason, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Nashville, Tennessee, for Appellant.

Attorneys 2: ARGUED: Nicholas J. Goldin, UNITED STATES ATTORNEY’S OFFICE, Nashville, Tennessee, for Appellee.

Attorneys 3: ON BRIEF: Alex Thomason, Caryll S. Alpert, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Nashville, Tennessee, for Appellant.

Attorneys 4: ON BRIEF: Joseph Montminy, UNITED STATES ATTORNEY’S OFFICE, Nashville, Tennessee, for Appellee.

Judge(s): STRANCH, THAPAR, and DAVIS, Circuit Judges

Court Appealed: United States District Court for the Middle District of Tennessee at Nashville

JANE B. STRANCH, Circuit Judge. Milder Escobar-Temal is a citizen of Guatemala who came to America unlawfully over a decade ago and resides in Nashville, Tennessee. In October 2022, police found three firearms in Escobar-Temal’s residence, and he was charged with unlawful possession of a firearm under 18 U.S.C. § 922(g)(5)(A), which prohibits unlawfully present individuals from possessing firearms. Escobar-Temal now appeals his conviction, arguing that § 922(g)(5)(A) is unconstitutional facially and as applied to him. For the following reasons, we AFFIRM. 

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