Case: 19-40465 Document: 00515440633 Page: 1 Date Filed: 06/04/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 19-40465 FILED June 4, 2020 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk Plaintiff - Appellee v. HEON JONG YOO, also known as Hank Yoo, Defendant - Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:18-CR-16-1 Before DAVIS, GRAVES, and DUNCAN, Circuit Judges. PER CURIAM:* Heon Jong Yoo was convicted on eight counts under the Gun Control Act: seven counts of making a false statement to a federally licensed gun dealer, in violation of 18 U.S.C. § 924(a)(1)(A), and one count of possession of a firearm by a prohibited person, in violation of § 922(g)(4). Because the evidence was sufficient to establish each element of § 924(a)(1)(A), we AFFIRM Yoo’s conviction as to Counts 1-7. But because Yoo was not “committed to a mental * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 19-40465 Document: 00515440633 Page: 2 Date Filed: 06/04/2020 No. 19-40465 institution” within the meaning of § 922(g)(4), we REVERSE the judgment of conviction as to Count 8. I. BACKGROUND Heon Jong Yoo was involuntarily committed to treatment under New Jersey’s temporary, ex parte procedure twice. First, in April 2013, Yoo agreed to be transported by the Rutgers University Police Department (RUPD) to a hospital for evaluation. There, a screener, a physician, and a psychiatrist determined that Yoo met the criteria for mental illness, was a danger to himself or others, and should be involuntarily committed to a mental institution. Based on their certifications, a New Jersey superior court judge found probable cause to believe that Yoo was in need of involuntary commitment. The judge issued a “Temporary Order for the Involuntary Commitment of an Adult,” ordering that Yoo be committed to a hospital “pending a court hearing” in about two weeks. Yoo was discharged from the hospital four days before the scheduled hearing. RUPD took Yoo to a hospital for another evaluation in September 2015. Once again, a screener, physician, and psychiatrist determined that Yoo met the criteria for mental illness and that he should be committed. And, once again, a New Jersey superior court judge ordered that Yoo be temporarily committed “pending a court hearing” 12 days later. Yoo was discharged six days before the scheduled hearing. A few months later, in January 2016, Yoo tried to buy a gun. But because the National Instant Criminal Background Check System (NICS) revealed that Yoo had been “adjudicated as mental defective/committed to a mental institution,” his purchase was denied. The FBI explained, upon Yoo’s inquiry, that he was a “prohibited person” under one of the 10 possible categories listed in §§ 921 and 922, but did not specify which one applied. 2 Case: 19-40465 Document: 00515440633 ...
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