Davis

United States v. Davis

Good Law
United States Court of Appeals for the Ninth CircuitOctober 20, 202524-1099California3,675 words

Opinion

Opinion

BACKGROUND

In 2021, having previously been convicted of a felony, Alexandre Zdenek Davis could not lawfully purchase a firearm. Undeterred, Davis used another man’s identity to buy a Ruger 9mm semi-automatic pistol from a Cabela’s store in Billings, Montana. Davis presented the store clerk with a Montana driver’s license that he had fraudulently

USA V. DAVIS 5

obtained under the other man’s name, and he falsely claimed that he had no prior felony convictions. After successfully buying the pistol, Davis then tried his luck at a U.S. passport application office. There, he used the same fraudulent driver’s license to obtain a passport, which he later used to travel to Turkey and Mexico.

I. Davis pleads guilty and waives his right to appeal

his sentence. The government indicted Davis for this conduct, and Davis ultimately agreed to plead guilty to making a false statement during a firearms transaction, 18 U.S.C. § 922(a)(6), making a false statement in an application for a passport, 18 U.S.C. § 1542, and aggravated identity theft, 18 U.S.C. § 1028(a)(1). The plea agreement included a waiver of appeal. It read:

Waiver of Appeal of the Sentence -…

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