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Federal judge dismisses felony gun count against NBA Youngboy; one remains in place

8 months 21 hours 34 minutes ago Thursday, March 14 2024 Mar 14, 2024 March 14, 2024 2:09 PM March 14, 2024 in News
Source: WBRZ

BATON ROUGE — A federal judge has dismissed one of two gun-related charges pending against noted Baton Rouge rapper NBA Youngboy, granting the government's request to drop the accusation "in the interest of justice."

A grand jury indicted NBA Youngboy, whose real name is Kentrell D. Gaulden, three years ago, alleging he possessed a firearm illegally as a convicted felon and that he possessed a firearm not registered in national records. Both crimes are felonies.

U.S. District Judge Shelly Dick on Monday dismissed the registration-related charge, after prosecutors had gone to court last week seeking permission to drop it. They did not elaborate beyond telling Dick "the United States now wishes to dismiss (the charge) in the interests of justice."

Last month, Gaulden's lawyers had asked Dick to dismiss the entire indictment on the grounds that laws prohibiting possession of a gun by a felon violate the Second Amendment of the U.S. Constitution. The government said in reply there is a historical precedent for disarming felons and that the accusation should stand.

"By committing a felony offense, 'a felon has shown manifest disregard for the rights of others,'" the government wrote, citing a 2004 case from the New Orleans-based 5th U.S. Circuit Court of Appeals. Citing other appeals courts, prosecutors said "it's hard to dispute that 'felons are more likely to commit violent crimes' than are law-abiding individuals."

Gaulden pleaded guilty to an aggravated assault charge in 2017 after a 2016 shooting in Baton Rouge. He initially had been charged with two counts of attempted first degree murder. In his current case, Gaulden was among 16 people arrested after police found several firearms and a quantity of drugs at a site where a music video was being shot.

Gaulden has pleaded not guilty.

The U.S. Supreme Court is currently considering a case on whether people subject to domestic violence-related restraining orders can maintain their Second Amendment gun rights. A decision is expected before the justices' current term expires in June.

Dick postponed Gaulden's July trial and has asked lawyers to submit new briefs within 14 days of when the Supreme Court case is decided.

A co-defendant indicted with Gaulden pleaded guilty to a felon-in-possession count in 2022 and was sentenced to 37 months in prison.

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