In March, Lubbock resident Gerson Vasquez, 35, was indicted on multiple charges including Illegal Alien in Possession of a Firearm. On Monday, his attorney filed a motion to dismiss the indictment, saying the criminal case against Vasquez is unconstitutional.
The motion says in order for any federal criminal charge to be valid there has to be some connection between the crime and interstate commerce.
Vasquez' attorney writes, "... the sole link to interstate commerce is the fact that the firearm in question was, at some unspecified point in the possibly remote past, manufactured in another state and then transported to Texas."
In November, the Lubbock Police SWAT Team along with officers from other agencies took a shotgun from Vasquez' residence in the 1100 block of 132nd Street as part of a drug bust. Even if federal charges are dismissed or otherwise defeated, Vasquez faces state charges related to methamphetamine, for which the penalty could be 2 to 20 years in prison, if convicted.
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