United States v. Shane Stone

Shane Stone appeals his conviction for being a felon in possession of ammunition in violation of 18 U.S.C. § 922 (g)(1). In United States v. Miller, we held that “[t]he Government did not need to prove that [a defendant] knew the firearm [or ammunition] had traveled in interstate commerce” to obtain a conviction under § 922(g)(1). 105 F.3d 552, 555 (9th Cir.1997), overruled in part on other grounds by Caron v. United States, 524 U.S. 308 , 118 S.Ct. 2007 , 141 L.Ed.2d 303 (1998). Stone argues that the Supreme Court’s decision in Flores-Figueroa v. United States, 556 U.S. 646 , 129 S.Ct. 1886 , 173 L.Ed.2d 853 (2009), effectively overruled Miller. Because we do not read Flores-Figueroa as affecting our interpretation of § 922(g)(1), we affirm Stone’s conviction.

I.

Stone was indicted on one count of violating § 922(g)(1). Prior to the start of the trial, Stone requested an instruction that would have required the Government to prove that Stone knew the ammunition in his possession had traveled in interstate commerce, citing Flores-Figueroa . The district court declined to give the instruction because it believed that extending the mens rea requirement to the interstate…