United States Ninth Circuit

A conviction for possession of a firearm by a felon is affirmed over claims that the district court: 1) erred in not suppressing police's seizure of his handgun during a protective sweep of an illegal gambling room; and 2) should have granted a motion to dismiss the charges because they were unconstitutional as applied to him. (Amended opinion)

Appellate Information

• Decided 11/22/2006
• Published 11/22/2006

Judges

• Before BETTY B. FLETCHER and MARSHA S. BERZON, Circuit Judges, and DAVID G. TRAGER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Pamela J. Byrne, Assistant Federal Defender, Honolulu, HI, for the defendant-appellant., Marshall H. Silverberg, Assistant United States Attorney, Honolulu, HI, for the plaintiff-appellee.