Blocker

MEMORANDUM *

Tyrone Blocker was convicted by a jury on the charge of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). He appeals the district court’s denial of his motion to suppress, alleges a Brady violation, and makes facial and as-applied constitutional challenges to § 922(g)(1) or, alternatively, claims that the evidence was insufficient to satisfy the interstate commerce element of § 922(g)(1). We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 , and we affirm.

I.

Motion to Suppress

The lawfulness of a search and seizure is a mixed question of law and fact that we review de novo. United States v. Mendozar-Ortiz, 262 F.3d 882, 885 (9th Cir.2001) (per curiam) (citing United States v. Cervantes, 219 F.3d 882, 887 (9th Cir.2000)). *545 We accept the district court’s underlying findings of fact in the absence of clear error. Id.

The district court denied Blocker’s motion to suppress the rifle found at his residence on the grounds that the rifle was found in plain view while the officers were engaged in activities authorized by the emergency doctrine and the protective sweep exception to the warrant requirement. We agree that…