Cervantes

MEMORANDUM **

Ray Cervantes appeals his guilty plea conviction for being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922 (g)(1), his sentence pursuant to that conviction, and his conviction for possession of an unregistered firearm, in violation of 26 U.S.C. § 5861 (d). We affirm. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

1. Cervantes’ claim that 18 U.S.C. § 922 (g) is unconstitutional is precluded by Supreme Court precedent. Scarborough v. United States, 431 U.S. 563 , 97 S.Ct. 1963 , 52 L.Ed.2d 582 (1977); see also United States v. Cortes, 299 F.3d 1030 , 1037 n. 2 (9th Cir.2002) (“Until the Supreme Court tells us otherwise ..., we follow Scarborough unwaveringly.”).

2. The district court did not err in its pronouncement of the sentence. The district court considered each of the 18 U.S.C. § 3553 (a) factors and explained its reasons for the sentence imposed as required by United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). The district court also properly resolved the factual disputes at sentencing applying a preponderance of the evidence…