United States v. Konileti Latu

Konileti Latu (Latu), pled guilty to two counts of illegal possession of a firearm in violation of 18 U.S.C. § 922 (g)(5)(A) and § 922(g)(5)(B), respectively. Latu reserved the right to appeal the district court’s denial of three motions to dismiss. As he did before the district court, Latu contends that the statute, as applied to him, is unconstitutional under the Commerce Clause of the United States Constitution. He also contends that, on the date he possessed the firearm, he was not “illegally or unlawfully in the United States” under a proper interpretation of § 922(g)(5)(A). He further argues that § 922(g)(5)(B) violates the equal protection and substantive due process clauses of the Fifth Amendment.

Because we conclude that § 922(g)(5)(A) is constitutional and was properly applied in Latu’s case, we affirm Latu’s conviction on Count One. Due to the government’s confession of error regarding Latu’s conviction for violating § 922(g)(5)(B), we reverse the conviction on Count Two and remand for resentencing.

FACTUAL AND PROCEDURAL BACKGROUND

Latu entered the United States on October 9, 2002, and was required to depart on or before April 8, 2003. He remained in the country…