US v. Vongxay, No. 09-10072

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.

Read US v. Vongxay, No. 09-10072

Appellate Information

Argued and Submitted January 12, 2010

Filed February 9, 2010

Judges

Opinion by Judge Smith

Counsel

For Appellant:

Daniel J. Broderick and Douglas J. Beevers, Assistant Federal Defenders, Fresno, CA

For Appellee:

Lawrence G. Brown and Elana S. Landau, Assistant United States Attorney, Fresno, CA