Subica

MEMORANDUM **

Richard A. Subica appeals from his guilty-plea conviction and sentence for being an unlawful user of a controlled substance in possession of ammunition, in violation of 18 U.S.C. § 922 (g)(3), and possession of a firearm and ammunition by a person previously convicted of a misdemeanor crime of domestic violence, in violation of 18 U.S.C. § 922 (g)(9). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part and dismiss in part.

Subica contends that the district court “abused its discretion in concluding that his was a firearm in commerce.” He argues that 18 U.S.C. § 922 (g) is unconstitutional under United States v. Lopez, 514 U.S. 549 , 115 S.Ct. 1624 , 131 L.Ed.2d 626 (1995). This contention lacks merit. See United States v. Jones, 231 F.3d 508, 514-15 (9th Cir.2000) (stating that § 922(g) is constitutional under the Commerce Clause and constitutes a valid exercise of Congress’ power to regulate interstate commerce under Lopez).

Subica next contends that the district court erred by denying a downward adjustment at sentencing. We dismiss the appeal with regard to Subica’s challenge to his sentence, because the record reveals that Subica knowingly…