United States v. Butts

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 19 2026 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 23-313 D.C. No. Appellee, 9:22-cr-00033-DWM-1 v. MEMORANDUM* SHAWN LEE BUTTS, Appellant.

Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding Submitted March 16, 2026** Before: SILVERMAN, NGUYEN, and HURWITZ, Circuit Judges.

Shawn Lee Butts appeals from the district court’s judgment and challenges his guilty-plea conviction for being a prohibited person in possession of firearms and ammunition, in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Butts asserts that § 922(g)(1) violates the Second Amendment, both facially and as applied to him as a purportedly non-violent felon who possessed the firearms for hunting purposes. This claim is foreclosed. See United States v. Duarte, 137 F.4th 743, 750 (9th Cir. 2025) (en banc) (“[Section] 922(g)(1) is constitutional as applied to non-violent felons[.]”), cert. denied, __ S. Ct. __, 2026 WL 135692 (U.S. Jan. 20, 2026).

AFFIRMED.

2 23-313