Davis

MEMORANDUM **

We affirm James S. Davis’s conviction and sentence for fraud and carrying a concealed weapon on an airplane. Davis got through security with a handgun underneath his jacket because he impersonated a federal Customs Agent.

Davis challenges the constitutionality of 49 U.S.C. § 46505 , relying on District of Columbia v. Heller, — U.S. -, 128 S.Ct. 2783 , 171 L.Ed.2d 637 (2008). The Supreme Court specified that nothing in that opinion was intended to cast doubt on the prohibition of concealed weapons in sensitive places. Id. at 2816-17 .

Davis asserts that his pistol was not concealed because he disclosed it during the boarding process. This argument is without merit. A weapon is concealed when it is hidden from sight. United States v. Wallace, 800 F.2d 1509, 1513-14 (9th Cir.1986).

Next, Davis argues that the jury heard insufficient evidence that his fraud was within the F.A.A.’s jurisdiction. Davis himself, however, told the jury about the agency’s regulations. In addition, both the testimony of the airplane captain and the text of the form itself support the jury’s finding. Viewed in the light most favorable to the prosecution, the evidence is sufficient for any…