United States v. Hill
United States v. Hill
Opinion of the Court
MEMORANDUM
Federal prisoner Lavazia Jerome Hill appeals Ms conviction and sentence following Ms guilty plea to bemg a felon in possession of a firearm, a violation of 18 U.S.C. § 922(g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742, and we affirm.
Hill argues that the district court erred by refusmg to grant a discretionary downward departure under U.S.S.G. § 5K2.12 for imperfect duress. Because the district court did not mdicate any belief that a departure was precluded as a matter of
Hill’s claim that 18 U.S.C. § 922(g)(1) is unconstitutional because it exceeds Congress’ powers under the Commerce Clause has been rejected by this Court, see United States v. Rousseau, 257 F.3d 925, 932-33 (9th Cir. 2001), as has his claim that 18 U.S.C. § 922(g)(1) is unconstitutional because it impermissibly restricts a person’s individual right to bear arms under the Second Amendment, see Silveira v. Lockyer, 312 F.3d 1052 (9th Cir. 2002).
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 Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.