U.S. Court of Appeals for the Ninth Circuit, 2001

United States v. Mabini

United States v. Mabini
U.S. Court of Appeals for the Ninth Circuit · Decided May 30, 2001 · Fernandez, Pregerson, Wardlaw
10 F. App'x 573

United States v. Mabini

Opinion of the Court

MEMORANDUM2

Noel Castillo Mabini appeals his guilty plea conviction and 37-month sentence for possession of a firearm and ammunition by *574a prohibited person. Mabini contends that the felon-in-possession statute, 18 U.S.C. § 922(g)(1), is invalid because Congress lacked authority under the Commerce Clause to deem such possession criminal. This argument is foreclosed by United States v. Davis, 242 F.3d 1162 (9th Cir. 2001). Accordingly, the conviction and sentence are

AFFIRMED.

. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

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