UNITED STATES OF AMERICA v. BO BRYANT HOSTETTLER - Articles

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UNITED STATES OF AMERICA v. BO BRYANT HOSTETTLER

Posted by: Tanja Trezise on Mar 20, 2026

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: James A. Ewing, Brenna L. Fasko, Matthew B. Kall, UNITED STATES ATTORNEY’S OFFICE, Cleveland, Ohio, for Appellant.

Attorneys 2: ON BRIEF: Stephen C. Newman, Catherine Adinaro Shusky, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Cleveland, Ohio, for Appellee.

Judge(s): STRANCH, READLER, and BLOOMEKATZ, Circuit Judges

Court Appealed: United States District Court for the Northern District of Ohio at Akron

BLOOMEKATZ, Circuit Judge. A grand jury indicted Bo Hostettler for possessing a gun as a felon, in violation of a federal statute. See 18 U.S.C. § 922(g)(1). Hostettler moved to dismiss the indictment, arguing that the statute was unconstitutional both facially and as applied. The district court granted Hostettler’s motion on the grounds that the federal statute was unconstitutional as applied to him. Since then, intervening circuit precedent has clarified the legal standard that governs constitutional challenges to firearm regulations. Accordingly, we vacate and remand with instructions to apply the legal standard consistent with current circuit precedent when considering Hostettler’s motion to dismiss.

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