Read US v. Latu, 05-10815

A conviction for two counts of illegal possession of a firearm is affirmed in part but reversed in part where: 1) 18 U.S.C. section 922(g)(5)(A) is constitutional under the Commerce Clause and was properly applied in defendant's case; but 2) a conviction for violating section 922(g)(5)(B) is reversed pursuant to the government's confession of error.

Appellate Information

• Decided 03/19/2007
• Published 03/19/2007

Judges

• RAWLINSON, Circuit Judge:, Before: FERNANDEZ, W. FLETCHER, and RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Peter C. Wolff, Jr., Federal Public Defender;  Donna M. Gray, Assistant Federal Public Defender, Honolulu, HI, for the appellant.


• For Appellees:
  
• Edward H. Kubo, Jr., United States Attorney;  Marshall H. Silverberg, Assistant U.S. Attorney, Honolulu, HI, for the appellee.