0:25-cr-00225•USA v. McReynolds, et al
Gesamter Gesetzestext
1 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA United States of America, Plaintiff, v. Alvin Anthony Watkins, Jr. (2), Defendant. Case No. 25-cr-225 (PJS/DJF) REPORT AND RECOMMENDATION This matter is before the Court on Defendant Alvin Anthony Watkins’ Motion to Dismiss Indictment (“Motion to Dismiss”) (ECF No. 38). Mr. Watkins is charged with being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(8). (ECF No. 1 at 6.) This charge stems from a shooting that occurred on the night of March 10, 2025 at a community barbecue hosted by 21 Days of Peace, a community-violence-intervention initiative. (Id. at 1, 3.) Mr. Watkins, a violence interrupter for 21 Days of Peace, was working1 at the barbecue along with Defendant Kashmir Khaliffa McReynolds, who also worked for 21 Days of Peace. (Id. at 2-3.) Approximately 36 minutes after Defendants ended their shifts, Mr. Watkins, Mr. McReynolds, and others were still at the barbecue when an unknown shooter fired a barrage of approximately 30 bullets in their direction. (Id. at 3.) Several of these shots struck Mr. McReynolds in the neck and torso. (Id.) Mr. McReynolds took cover and began to return fire with a handgun he was carrying pursuant to a legal permit. (Id. at 3-5.) Mr. Watkins initially fled the scene, but he returned to help Mr. McReynolds. (Id. at 4.) Mr. McReynolds told Mr. Watkins to grab a weapon from Mr. 1 To the extent there is any dispute as to whether Defendants were working at the barbecue or merely attending as social participants, the Court accepts the allegations in the Indictment as true for purposes of this motion. CASE 0:25-cr-00225-PJS-DJF Doc. 59 Filed 11/06/25 Page 1 of 3
2 McReynolds’ vehicle and to load it. (Id.) Mr. Watkins did so and fired it. (Id. at 5.) After the two men had fired approximately 43 rounds of ammunition, they got in their vehicles and left the scene. (Id.) Mr. Watkins had several prior felony convictions at the time of the shooting. (Id. at 2, 6.) Mr. Watkins’ Motion seeks to dismiss the sole charge against him on the ground that the felon-in-possession statute violates the Second Amendment of the Constitution. (ECF No. 38 at 1.) In United States v. Jackson, 110 F.4th 1120, 1129 (8th Cir. 2024), the Eighth Circuit clearly held that the felon-in-possession statute does not violate the Second Amendment. The Court is bound by that precedent, and for this reason, Mr. Watkins’ constitutional challenge fails. See Xiong v. Minnesota, 195 F.3d 424, 426 (8th Cir. 1999) (holding that a district court “ha[s] no power to replace governing circuit law with its own view.”).2 The Court therefore recommends Mr. Watkins’ Motion be denied. RECOMMENDATION Based on the foregoing, and on all the files, records, and proceedings herein, IT IS HEREBY RECOMMENDED that Defendant Alvin Anthony Watkins, Jr.’s Motion to Dismiss the Indictment (ECF No. 38) be DENIED. Dated: November 6, 2025 s/ Dulce J. Foster Dulce J. Foster United States Magistrate Judge 2 Mr. Watkins acknowledges that this precedent forecloses his argument and raises it to preserve it for a potential appeal. (ECF No. 38 at 2.) CASE 0:25-cr-00225-PJS-DJF Doc. 59 Filed 11/06/25 Page 2 of 3
3 NOTICE Filing Objections: This Report and Recommendation is not an order or judgment of the District Court and is therefore not appealable directly to the Eighth Circuit Court of Appeals. Under Local Rule 72.2(b)(1), “a party may file and serve specific written objections to a magistrate judge’s proposed finding and recommendations within 14 days after being served a copy” of the Report and Recommendation. A party may respond to those objections within 14 days after being served a copy of the objections. See Local Rule 72.2(b)(2). All objections and responses must comply with the word or line limits set forth in Local Rule 72.2(c). CASE 0:25-cr-00225-PJS-DJF Doc. 59 Filed 11/06/25 Page 3 of 3
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