United States Ninth Circuit

Sentence and conviction following guilty pleas to possession of drugs with intent to distribute and being a felon in possession of a firearm are affirmed where: 1) the District Court committed no procedural error at sentencing; and 2) US v. Vongxay, 594 F.3d 1111 (9th Cir. 2010), which held that felons are categorically different from the individuals who have a fundamental right to bear arms, forecloses the defendant's argument that it violates the Second Amendment for misprision of felony, a non-violent and purely passive crime, to serve as a predicate for his felon-in-possession conviction under 18 U.S.C. section 922(g)(1).

Appellate Information

• Published 2016/07/06

Judges

• BYBEE

Court

• United States Ninth Circuit

Counsel