United States v. Smith

MEMORANDUM *

Robert Smith III appeals his guilty-plea conviction and sentence for being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. §§ 922 (g)(1), 924. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm.

1. We review for plain error Smith’s challenge to § 922(g)(1), as he did not raise it before the district court. See Fed.R.Crim.P. 52(b); see also Jones v. United States, 527 U.S. 373, 388-89 , 119 S.Ct. 2090 , 144 L.Ed.2d 370 (1999). Smith’s argument that § 922(g)(1) is unconstitutional in light of District of Columbia v. Heller, — U.S. -, 128 S.Ct. 2783 , 171 L.Ed.2d 687 (2008), is without merit. The Supreme Court expressly excluded felons from its holding that the Second Amendment confers a federal individual right to keep and bear arms. See Heller, 128 S.Ct. at 2816-17 (“Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons ....”); see also Lewis *111 v. United States, 445 U.S. 55 , 65 & n. 8, 100 S.Ct. 915 , 63 L.Ed.2d 198…