Shelton
United States v. Shelton
Opinion
Opinion
ORDER
On April 5, 2010, and again on July 22, 2010, we granted the Government’s motion to stay the mandate in these appeals while the Solicitor General pursued a writ of certiorari in United States v. Gonzalez, 578 F.3d 1130, 1132-33 (9th Cir.2009), reh’g en banc denied, 598 F.3d 1095 (9th Cir.2010). The Supreme Court granted certiorari, vacated the judgment and remanded Gonzalez for further consideration in light of its recent opinion in Davis v. United States, —U.S.-, 131 S.Ct. 2419 , 180 L.Ed.2d 285 (2011). United States v. Gonzalez, —U.S.-, 131 S.Ct. 3055 , 180 L.Ed.2d 881 (2011). In light of these developments, we lift the stay and withdraw our memorandum disposition filed on March 29, 2010 and published at United States v. Shelton, 374 Fed.Appx. 736 (9th Cir.2010). A new memorandum disposition will be filed separately.
MEMORANDUM
Defendant Dean Russell Shelton appeals his conviction for possession of a firearm and ammunition by a prohibited person in violation of 18 U.S.C. § 922 (g)(1). The Government cross-appeals Shelton’s sentence. We have jurisdiction under 28 U.S.C. § 1291 .
Shelton challenges his conviction on two grounds: 1) his motion to suppress filed below was…