United States Ninth Circuit

Defendant's conviction for being a felon in possession of a firearm is affirmed where: 1) 18 U.S.C. section 922(g)(1) does not violate defendant's Second Amendment right to bear arms; 2) section 922(g)(1) did not violate the equal protection guarantee of the Fifth Amendment; and 3) for purposes of a claim that he was unconstitutionally searched, defendant's act of raising his hands to his head constituted implied consent to search.

Appellate Information

• Argued 01/12/2010
• Decided 02/09/2010
• Published 02/09/2010

Judges

• Before MYRON H. BRIGHT,MICHAEL DALY HAWKINS, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Daniel J. Broderick, Federal Defender, and Douglas J. Beevers, Assistant Federal Defender, Fresno, CA, for defendant-appellant Peter Vongxay., Lawrence G. Brown, United States Attorney, and Elana S. Landau, Assistant United States Attorney, Fresno, CA, Attorneys for plaintiff-appellee United States of America.