United States v. Bernabe-Martinez

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 20 2026 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 24-6604 D.C. No. Plaintiff - Appellee, 1:22-cr-00276-AKB-1 v. MEMORANDUM* OSCAR BERNABE-MARTINEZ, Defendant - Appellant.

Appeal from the United States District Court for the District of Idaho Amanda K. Brailsford, District Judge, Presiding Submitted March 16, 2026** Before: SILVERMAN, NGUYEN, and HURWITZ, Circuit Judges.

Oscar Bernabe-Martinez appeals from the district court’s judgment and challenges his conviction for possession of a firearm by an alien unlawfully in the United States in violation of 18 U.S.C. § 922(g)(5)(A). 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).

Bernabe-Martinez contends that his conviction should be vacated because § 922(g)(5)(A) violates the Second Amendment as applied to him. This claim is foreclosed by United States v. Vazquez-Ramirez, 163 F.4th 706 (9th Cir. 2026), which was decided after briefing. See id. at 708 (“[T]he Second Amendment does not invalidate § 922(g)(5)(A).”).

AFFIRMED.

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