Rapper Young Buck asks that federal prison sentence be vacated

Tuesday, October 16, 2012 at 6:22pm

Local rapper Young Buck filed a motion in federal court on Tuesday, seeking to vacate his 18-month prison term after what he refers to as a “complete miscarriage of justice.”

Young Buck, whose real name is David Darnell Brown, is in a federal prison in Yazoo City, Miss., after he pleaded guilty to a felon in possession of a weapon and felon in possession of ammunition charges in July.

But he claims the original federal indictment against him was “substantially and fundamentally defective.” Brown claims that his previous felony charge of simple assault was going to be expunged after three years of probation — therefore, he couldn’t have been a “felon in possession.”

Brown claims the court “exceeded Congress’s enumerated powers.” Brown admitted to having the gun and ammo, but said the items were in his house, the filing stated.

“The firearm was not used in any crime nor was the defendant charged as such,” the motion reads. “The firearm and ammo was in the defendant’s house ... this is a right afforded to the defendant.”

Brown also challenges the jurisdiction of the court.

“The term the ‘United State[s]’ used in Title 18 does not include the sovereign territory of Tennessee because the Constitution does not give criminal jurisdiction, penal authority or police power to the federal government within the territory of the sovereign states,” Brown wrote.

Brown is also embroiled in a bankruptcy case that forced him to auction off several of his assets earlier this year.

6 Comments on this post:

By: theone on 10/16/12 at 9:16

If the sentence above is true "was going to be expunged..." doesn't that mean it was not expunged? That would make you a "felon in possession" How about personal responsibility?

By: sonny1024 on 10/17/12 at 7:09

He may have a case if the 3 years were up and the terms of his probation didn't include him not having a gun then he is not guilty by the law.If his probation included that he never own or have any guns on him or in his home then he is guilty just have to wait and see but i believe he will walk on this.

By: Jughead on 10/18/12 at 12:33

Send all rappers to prison for pandering awful music.

By: whitegravy on 10/18/12 at 10:59

FIGHT for your rights man....most poor people pleed out, and are realeased faster but with that FELONY RECORD....dont be a sucker and take the easy route (dont pleed out)...fight for your RIGHTS

By: Doru Giuchici on 10/22/12 at 5:28

Seems like a wild shot, but he has time and money so why not pursue all available options.

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