United States v. Darryl Craig
CourtCourt of Appeals for the Third Circuit
Date FiledOctober 22, 2026
Docket24-1440
StatusUnpublished
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Full Opinion
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
No. 24-1440
UNITED STATES OF AMERICA
v.
DARRYL CRAIG,
Appellant
_____________________________
On Appeal from the U.S. District Court, W.D. Pa.
Judge Joy Flowers Conti, No. 2:21-cr-00338-001
Before: MONTGOMERY-REEVES, ROTH, and AMBRO, Circuit Judges
Submitted: Oct. 21, 2026; Filed: Oct. 22, 2026
_____________________________
NONPRECEDENTIAL OPINION
MONTGOMERY-REEVES, Circuit Judge.
Darryl Craig pleaded guilty to possession of ammunition by a convicted felon, in
violation of 18 U.S.C. § 922(g)(1). Craig was sentenced to time served and three years of
supervised release. On appeal, he argues that 18 U.S.C. § 922(g)(1) is facially
unconstitutional under United States v. Rahimi, 602 U.S. 680 (2024), so his conviction
should be reversed.1 We disagree.2
A facial challenge is “the ‘most difficult challenge to mount successfully,’ because
This is not an opinion of the full Court and, under 3d Cir. IOP 5.7, is not binding precedent.
1
The District Court had jurisdiction pursuant to 18 U.S.C. § 3231, and this Court has
jurisdiction under 28 U.S.C. § 1291. We exercise plenary review over a statute’s
constitutionality. United States v. Rodia, 194 F.3d 465, 469 (3d Cir. 1999).
2
The Government’s motion for judicial notice (ECF No. 58) is denied.
it requires a defendant to ‘establish that no set of circumstances exists under which the
[challenged statute] would be valid.’” Rahimi, 602 U.S. at 693 (quoting United States v.
Salerno, 481 U.S. 739, 745 (1987)). “[T]o prevail, the Government need only demonstrate
that [the statute] is constitutional in some of its applications.” Id. (emphasis added). It has
done so here.
In the wake of Rahimi, we have upheld applications of § 922(g)(1) against
constitutional challenges in precedential opinions. United States v. Moore, 111 F.4th 266,
271–72 (3d Cir. 2024) (supervised release context); United States v. Quailes, 126 F.4th
215, 224 (3d Cir. 2025) (parole or probation context); United States v. Bost, No. 24-1719,
2026 WL 3058147 at *1 (3d Cir. Oct. 13, 2026) (en banc) (terroristic threats conviction
context). Our binding precedent forecloses Craig’s appeal. Because he makes only a facial
challenge, it is immaterial that his case is distinguishable from Moore, Quailes, or Bost.
So the Government met its burden, and we will AFFIRM.3
3
In his reply brief, Craig seems to assert, for the first time, an as-applied challenge. But
he did not make an as-applied challenge before the District Court, did not preserve it for
appeal in his plea agreement, and did not make that argument in his opening brief. So he
forfeited any as-applied challenge, and we see no extraordinary circumstances to excuse
his forfeiture. See United States v. Dowdell, 70 F.4th 134, 140–41 (3d Cir. 2023).
Additionally, Craig’s argument that Rahimi blurred the lines between facial and as-applied
challenges, such that his facial challenge was also an as-applied challenge, fails. Rahimi
emphasized that facial challenges require the defendant to “establish that no set of
circumstances exists under which the [challenged statute] would be valid.” 602 U.S. at
693 (quoting Salerno, 481 U.S. at 745). No lines were blurred, and this challenge fails.
2