United States v. Alexis Simon

MEMORANDUM and ORDER

Defendant Alexis Torres Simon and two co-defendants conspired with a confidential informant to rob drugs from a delivery van’s driver, by abducting him and stealing his van. When arrested, en route to commit that crime, Simon was in possession of a firearm. Simon and a co-defendant also engaged in three earlier completed thefts, A jury convicted Simon of conspiracy to interfere with commerce by robbery, in violation of 18 U.S.C. § 1951 ; possession of a firearm by a felon, in violation of 18 U.S.C. § 922 (g); conspiracy' to commit theft in an interstate shipment, in violation of 18 U.S.C. § 371 ; and three counts of theft from an interstate shipment, in violation of 18 U.S.C. § 659 . The district court then sentenced him to 192 months’ imprisonment. With the exception of one sentencing issue, on which we defer ruling, we affirm.

1. Simon challenges the sufficiency of the evidence to support his conviction on Count 6, which alleged illegal possession of a firearm by a felon. Having failed to raise this argument in the district court, he did not preserve the issue. Therefore, we review for plain error. United States v. Sullivan, 797 F.3d 623 , 632 n.5 (9th…