United States v. Anthony Samuel Audia

87 F.3d 1323 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Anthony Samuel AUDIA, Defendant-Appellant. No. 95-10174. United States Court of Appeals, Ninth Circuit. Submitted June 12, 1996. * Decided June 14, 1996. Before: GOODWIN, PREGERSON, and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 After a jury trial, Defendant-Appellant Anthony Samuel Audia was convicted of a felony for violating 18 U.S.C. § 922 (g)(1) (felon in possession of a firearm). On appeal, Audia claims that: (1) the felon-in-possession statute, 18 U.S.C. § 922 (g)(1), is unconstitutional under the Commerce Clause; (2) he was entrapped as a matter of law; (3) the district court gave an erroneous jury instruction regarding Audia's defense of entrapment; (4) there was a fatal variance between the evidence presented to the grand jury and the evidence presented at trial as to the serial number of the firearm; and (5) the district court erred when it…