United States v. Lemuel Small

MEMORANDUM

Defendants-Appellants Lemuel and Christina Small appeal their jury convic tions of being felons in possession of firearms and ammunition in violation of 18 U.S.C. § 922 (g)(1). As the facts and procedural history are familiar to the parties, we do not recite them here except as necessary to explain our disposition. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The Second Amendment “guarantee[s] the individual right to possess and carry weapons in case of confrontation,” but this right does not extend to “felons and the mentally ill[.]” District of Columbia v. Heller, 554 U.S. 570, 592, 626 , 128 S.Ct. 2783 , 171 L.Ed.2d 637 (2008); see also United States v. Vongxay, 594 F.3d 1111, 1114 (9th Cir.2010) (“[njothing in Heller can be read legitimately to cast doubt on the constitutionality of § 922(g)(1)”). Accordingly, the district court properly determined that Mr. Small’s prosecution did not infringe on his Second Amendment rights.

We also reject Mr. Small’s contention that it violates the Equal Protection Clause to allow those convicted of certain white collar crimes identified in 18 U.S.C. § 921 (a)(20)(A) to possess firearms under § 922(g), but not a…