USA v. Stewart

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
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No. 2:25-cr-20271-SHL	v.
KRISTOPHER STEWART,
Defendant.
ORDER HOLDING CASE IN ABEYANCE PENDING SUPREME COURT DECISION
Before the Court is Defendant Kristopher Stewart’s Motion to Dismiss Indictment, filed
January 1, 2026. (ECF No. 41.) On November 13, 2025, a single-count indictment was
returned, charging Stewart with a violation of 18 U.S.C. § 922(g)(3), which makes it illegal for
an unlawful user of a controlled substance to possess a firearm. (ECF No. 30.) In the Motion,
Stewart asserts that § 922(g)(3) is unconstitutional, warranting dismissal of the indictment. (ECF
No. 41 at PageID 50.)
In its response, the Government requests that the matter be held in abeyance, explaining
that the Supreme Court granted certiorari in United States v. Hemani, 146 S. Ct. 326 (2025), “to
review the issues regarding the constitutionality of § 922(g)(3) and whether ‘habitual drug
abusers’ can be categorically disarmed without an individualized showing of dangerousness.”
(ECF No. 44 at PageID 69.) The Supreme Court is holding oral argument in Hemani on March
2, 2026. (Id. at PageID 70.)
Given that the Supreme Court’s ruling in Hemani may resolve Stewart’s Motion to
Dismiss, the Court will hold in abeyance ruling on the Motion until the Supreme Court issues
that ruling. Thus, all settings and deadlines in this matter are stricken. Within fourteen days of
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the issuance of the Hemani decision, the Parties shall jointly file a status update that addresses
the impact of the decision on the pending motion, as well as the overall charges Stewart faces.
The Court will schedule a status conference to be held shortly after the update is submitted.
IT IS SO ORDERED, this 4th day of February, 2026.
s/ Sheryl H. Lipman
SHERYL H. LIPMAN
CHIEF UNITED STATES DISTRICT JUDGE
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