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.