The U.S. Court of Appeals for the Second Circuit affirmed the conviction of Jomari Tonge on January 7, 2026, for illegal possession of a firearm by a convicted felon. The three-judge panel consisting of Circuit Judges Steven J. Menashi, Myrna Pérez, and Alison J. Nathan issued a summary order upholding the judgment of the U.S. District Court for the Southern District of New York.
Tonge was convicted following his guilty plea to possession of a firearm after a felony conviction in violation of 18 U.S.C. § 922(g)(1), a federal statute that prohibits individuals with prior felony convictions from possessing firearms or ammunition. The district court entered judgment against Tonge on Dec. 20, 2024, under the supervision of Judge Clarke.
The case, designated as No. 25-42-cr, represents a routine criminal appeal in the federal system where defendants challenge their convictions or sentences. Tonge, represented by Federal Defender Kendra L. Hutchinson of the Federal Defenders of New York, Inc., appealed the district court's judgment to the Second Circuit.
The government was represented by Assistant United States Attorneys Lauren E. Phillips, Robert B. Sobelman, and Jacob R. Fiddelman from the office of Jay Clayton, United States Attorney for the Southern District of New York.
The Second Circuit's decision came in the form of a summary order, which the court notes "do not have precedential effect." This means the ruling applies specifically to Tonge's case and cannot be cited as binding legal precedent in future cases. Summary orders are a common method used by federal appeals courts to efficiently dispose of cases that do not require lengthy written opinions or establish new legal principles.
According to Federal Rule of Appellate Procedure 32.1 and the Second Circuit's Local Rule 32.1.1, summary orders filed after Jan. 1, 2007, may be cited in court documents, but parties must reference either the Federal Appendix or an electronic database with the notation "summary order." Additionally, any party citing a summary order must serve a copy on parties not represented by counsel.
The federal statute under which Tonge was convicted, 18 U.S.C. § 922(g)(1), is a key component of federal firearms regulation. The law makes it a felony for anyone who has been convicted of a crime punishable by imprisonment for more than one year to possess firearms or ammunition that have traveled in interstate commerce. Violations can result in up to 10 years in prison, with enhanced penalties for repeat offenders under the Armed Career Criminal Act.
Felon-in-possession cases constitute a significant portion of federal criminal prosecutions. The U.S. Attorney's Office for the Southern District of New York, which covers Manhattan and the Bronx, regularly prosecutes such cases as part of efforts to reduce gun violence in urban areas.
The Second Circuit Court of Appeals, headquartered at the Thurgood Marshall United States Courthouse at 40 Foley Square in New York City, has jurisdiction over federal appeals from district courts in New York, Connecticut, and Vermont. The court handles thousands of appeals annually, with criminal cases representing a substantial portion of its docket.
Judge Steven J. Menashi, appointed to the Second Circuit in 2019, previously served in the Trump administration and as a law professor. Judge Myrna Pérez, confirmed in 2021, is a former voting rights advocate who previously directed the Brennan Center for Justice's voting rights and elections program. Judge Alison J. Nathan, confirmed to the Second Circuit in 2021, previously served as a district judge for the Southern District of New York.
The brief nature of the summary order suggests the appeal lacked substantial merit or raised no novel legal issues requiring extended analysis. When defendants plead guilty, their options for appeal are typically limited to challenges regarding the voluntariness of the plea, the factual basis for the plea, or sentencing issues.
Tonge's case reflects the ongoing federal enforcement of firearms laws, particularly targeting individuals with criminal histories who illegally possess weapons. The Southern District of New York has been active in prosecuting federal gun crimes as part of broader public safety initiatives.
The affirmance means Tonge's conviction and any associated sentence imposed by the district court remain in effect. The case concludes the appellate process unless Tonge seeks review by the Supreme Court, which rarely grants certiorari in routine criminal cases lacking constitutional or statutory interpretation issues of national importance.
This case demonstrates the standard operation of the federal criminal justice system, where most appeals result in affirmances of district court judgments, particularly in cases involving guilty pleas to well-established federal offenses like felon-in-possession charges.