United States v. Rodney Parker

MEMORANDUM

Rodney Parker appeals the district court’s denial of his motion to dismiss and motions to suppress. We review de novo a denial of a motion to dismiss an indictment on constitutional grounds. United States v. Gallenardo, 579 F.3d 1076, 1081 (9th Cir.2009). We also review de novo a district court’s denial of a motion to suppress. United States v. Lemus, 582 F.3d 958, 961 (2009). We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

Parker first claims that 18 U.S.C. § 922 (g)(1) is unconstitutional because, he says, it infringes the Second Amendment right to bear arms and violates the equal protection guarantee of the Fifth Amendment. These arguments were recently rejected in United States v. Vongxay, 594 F.3d 1111 (9th Cir.2010).

We also reject Parker’s argument that 18 U.S.C. § 922 (g)(1) violates the Tenth Amendment. We previously have held that Congress’s regulation of firearm possession by felons is allowed under the commerce clause, and therefore, does not violate the Tenth Amendment. United States v. Collins, 61 F.3d 1379, 1383-84 (9th Cir.1995). The Supreme Court’s decision in District of Columbia v. Heller, —— U.S. -, 128 S.Ct. 2783 , 171 L.Ed.2d…