Vazquez-Ramirez

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 24-3544 D.C. No. Plaintiff - Appellee, 2:22-cr-00087-

RMP-

v.

OSCAR VAZQUEZ-RAMIREZ,

OPINION

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Washington Rosanna Malouf Peterson, District Judge, Presiding

Argued and Submitted June 2, 2025 Seattle, Washington

Filed January 2, 2026

Before: Johnnie B. Rawlinson, Daniel A. Bress, and Patrick J. Bumatay, Circuit Judges.

Per Curiam Opinion; Concurrence by Judge Bumatay USA V. VAZQUEZ-RAMIREZ

SUMMARY *

Criminal Law

The panel affirmed Oscar Vazquez-Ramirez’s conviction for violating 18 U.S.C. § 922(g)(5)(A), which prohibits persons “illegally or unlawfully in the United States” from possessing a firearm. Vazquez-Ramirez moved to dismiss the indictment, raising an as-applied Second Amendment challenge to § 922(g)(5)(A). The district court denied the motion. The panel concluded that this court’s previous holding that Second Amendment challenges to § 922(g)(5)(A) are subject to intermediate scrutiny, see United States v. Torres, 911 F.3d 1253,…