Gill

MEMORANDUM **

Robert S. Gill was convicted of possessing a firearm while a domestic violence restraining order was in effect against him, in violation of 18 U.S.C. § 922 (g)(8). He contends that § 922(g)(8) as applied to him exceeds Congress’s Commerce Clause authority and that, therefore, the district court erred in denying his motion to dismiss the indictment. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 , and we review this challenge to the constitutionality of § 922(g)(8) de novo. United States v. Jones, 231 F.3d 508, 513 (9th Cir.2000). Because we find the statute to be constitutional as applied to Gill, we affirm his conviction. Since the parties are familiar with the factual background, we do not recite the details here.

Gill argues that § 922(g)(8) as applied to him exceeds Congress’s authority under the Commerce Clause, as interpreted by the Supreme Court in United States v. Lopez, 514 U.S. 549 , 115 S.Ct. 1624 , 131 L.Ed.2d 626 (1995), because his possession was inadequately connected to interstate commerce. Gill claims that the Supreme Court’s recent decisions in United States v. Morrison, 529 U.S. 598 , 120 S.Ct. 1740 , 146 L.Ed.2d 658 (2000),…