Gonzalez

MEMORANDUM

We review this appeal for the third time, on remand a second time from the United States Supreme Court. On June 27, 2011, the Court granted certiorari, vacated, and remanded the case for further consideration in light of its recent decision in Davis v. United States, — U.S.-, 131 S.Ct. 2419 , 180 L.Ed.2d 285 (2011). At issue is defendant-appellant Gonzalez’s conviction for Possession of a Firearm and Ammunition by a Prohibited Person, in violation of 18 U.S.C. § 922 (g)(1). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Gonzalez’s conviction resulted from a firearm found when the police stopped a car in which Gonzalez was a passenger. The police, following the arrest of another passenger for out-standing warrants, searched the passenger compartment of the car and discovered a loaded 9 millimeter Beretta firearm inside the glovebox. Gonzalez filed a motion to suppress, asserting the search of the car violated his Fourth Amendment rights, which the district court denied. Following his conviction, Gonzalez appealed both his conviction and sentence.

We affirmed the district court on all aspects of the appeal. United States v. Gonzalez, 290 Fed.Appx. 51 (9th…