USA v. Davis

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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
UNITED STATES OF AMERICA,
Plaintiff,
v.
MARK ANTHONY DAVIS, JR.,
Defendant.
No. 25-cr-352 (KMM/LIB)
ORDER ADOPTING
REPORT AND RECOMMENDAITON
In a one-count Indictment, the United States charges Mark Anthony Davis, Jr., with
possession of a firearm after having been convicted of at least one crime punishable by
imprisonment for a term exceeding one year, in violation of 18 U.S.C. §§ 922(g)(1) and
924(a)(8). On December 29, 2025, Mr. Davis moved to dismiss the Indictment, arguing
that the charge violates both the Second Amendment and the nexus requirement of the
Commerce Clause. (Dkt. 20.) On March 6, 2026, United States Magistrate Judge Leo I.
Brisbois issued a Report and Recommendation (“R&R”) concluding that Mr. Davis’s
motion should be denied. (Dkt. 28.) Judge Brisbois concluded that Mr. Davis’s Second
Amendment argument is foreclosed by United States v. Jackson, 110 F.4th 1120 (8th Cir.
2024), and that § 922(g)(1) does not violate the Commerce Clause as explained in United
States v. Stuckey, 255 F.3d 528, 529 (8th Cir. 2001), and United States v. Hill, 386 F.3d 855,
859 (8th Cir. 2004).
Mr. Davis filed timely objections in which he acknowledges the caselaw foreclosing
his arguments and notes that he intends to preserve the issues raised for appellate review.
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(Dkt. 30.) Having reviewed the matter de novo, Fed. R. Civ. P. 72(b)(3); D. Minn. LR
72.2(b)(3), the Court agrees with the R&R’s conclusions, adopts the R&R, and denies
Mr. Davis’s motion.
Accordingly, IT IS HEREBY ORDERED THAT:
1. 	The Magistrate Judge’s Report and Recommendation (Dkt. 28) is ACCEPTED.
2. 	Defendant’s Motion to Dismiss the Indictment (Dkt. 20) is DENIED.
Date: March 31, 2026 	s/Katherine Menendez
Katherine Menendez
United States District Judge
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