United States v. Tyreic Brewer

── United States v. Tyreic Brewer ── Case No.: 24-13831 Court: Court of Appeals for the Eleventh Circuit Date: April 03, 2026 Category: NEW USCA11 Case: 24-13831 Document: 32-1 Date Filed: 04/03/2026 Page: 1 of 20 NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 24-13831 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TYREIC T. BREWER, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Northern District of Florida D.C. Docket No. 1:24-cr-00014-AW-MAL-1 ____________________ Before JILL PRYOR, BRANCH, and ABUDU, Circuit Judges. PER CURIAM: Tyreic T. Brewer appeals his convictions and 60-month sen- tence imposed for two counts of being a felon in possession of a USCA11 Case: 24-13831 Document: 32-1 Date Filed: 04/03/2026 Page: 2 of 20 2 Opinion of the Court 24-13831 firearm, in violation of 18 U.S.C. §§ 922(g)(1) & 924(a)(8). On ap- peal, he argues that his statute of conviction, 18 U.S.C. § 922(g)(1), is unconstitutional under the Second Amendment. He also argues that his 60-month sentence is procedurally and substantively un- reasonable. After careful review, we affirm. I. FACTUAL BACKGROUND & PROCEDURAL HISTORY In 2024, a grand jury charged Brewer, by indictment, with two counts of knowingly possessing a firearm as a felon, under 18 U.S.C. §§ 922(g)(1) & 924(a)(8). The indictment explained that Brewer had, in 2023, been convicted of possession of a controlled substance without a prescription and possession of cocaine, and those state crimes were each punishable for a term of imprison- ment exceeding one year. The indictment stated that Brewer had then, after being so convicted, possessed a firearm on both Decem- ber 9, 2023, and April 11, 2024. Brewer entered into a written plea agreement with the government and pled guilty to both counts. As part of the plea, Brewer agreed to certain facts which es- tablished his guilt. Specifically, on December 9, 2023, an officer with the Alachua County Sheriff’s Office observed Brewer walking towards a car parked near an apartment complex. When Brewer observed the officer’s car, “he grabbed at his waistband and froze.” After the deputy drove away, Brewer got into the parked car. The officer then followed the car in which Brewer was a passenger. The officer observed the car commit multiple traffic violations and he initiated a traffic stop. USCA11 Case: 24-13831 Document: 32-1 Date Filed: 04/03/2026 Page: 3 of 20 24-13831 Opinion of the Court 3 As the officer initiated the traffic stop, Brewer removed a Smith and Wesson 9-millimeter pistol and ziplock bags, which con- tained suspected 3,4-methylenedioxypyrovalerone (MDPV), 1 out of his waistband. Brewer then hid the firearm and the suspected drugs in the trunk of the car. During the traffic stop, the officer directed Brewer and the other occupants to exit the vehicle. The driver gave officers consent to search the vehicle, and the officers found the firearm, ammunition, and the suspected drugs. On April 11, officers with the Alachua County Sheriff’s