Correia

United States v. Correia

Good Law
60 F. App'x 177
United States Court of Appeals for the Ninth CircuitMarch 18, 2003No. 01-10502; D.C. No. CR-99-00015-DAECalifornia387 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant Joseph S. Correia appeals from his convictions, after a jury trial, for conspiracy to distribute, and distribution of, crystal methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1) and 846, and for violating 18 U.S.C. § 922 (g) by possessing firearms after having been convicted of a felony. We affirm.

1. The conviction for violating 18 U.S.C. § 922 (g) does not violate the Ex Post Facto Clause because Defendant’s illegal conduct, the possession of firearms, occurred long after 18 U.S.C. § 922 (g) took effect. See United States v. Hancock, 231 F.3d 557, 565 (9th Cir.2000) (upholding a paragraph of § 922(g) against due process challenges); United States v. ArzateNunez, 18 F.3d 730, 733 (9th Cir.1994) (stating test for ex post facto analysis).

2. Evidence of Defendant’s 1959 burglary conviction was admissible to prove his status as a felon, which is an element the government had to prove under 18 U.S.C. § 922 (g), because Defendant refused to stipulate to his status as a felon. See United States v. Lloyd, 981 F.2d 1071, 1072-73 (9th Cir.1992) (per curiam) (allowing government to prove predicate felonies under § 922(g)(1) when the defendant refused to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.