Judge Frank Geraci Decision of the Day: Judge Rejects Second Amendment Argument for Vacating Gun Charge Linked to Cocaine Bust
This ruling was selected and summarized by the New York Law Journal's decisions editors.
September 24, 2024 at 12:30 PM
2 minute read
Defendant Marquis Tisdale ran a drug-trafficking operation supplying cocaine to drug houses in Rochester. He used his club to store and distribute cocaine. In 2021 police executing a warrant to search the club discovered firearms and ammunition.
In January, Tisdale pleaded guilty, under agreement, to one count each of narcotics conspiracy and being a felon in possession of firearms. In an April 15, judgment of conviction, Tisdale was sentenced to 121 months in prison. Within weeks Tisdale sought to vacate his convictions under 28 USC §2255, arguing that he had a Second Amendment right to possess the weapons at issue in the case.
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