United States v. Vivas
United States v. Vivas
Opinion of the Court
MEMORANDUM
Neiser Vivas 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 a sentencing enhancement imposed under 8 U.S.C. § 1326(b). We affirm the conviction, but vacate the sentence. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.
Vivas’s 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.”).
Given this result, we need not reach any other issues urged by the parties.
AFFIRMED IN PART; VACATED IN PART; REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.