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United States v. Newmeyer
Citation: 84 F. App'x 907Docket: No. 03-30232; D.C. No. CR-02-00022-EJL
Court: Court of Appeals for the Ninth Circuit; December 21, 2003; Federal Appellate Court
James Newmeyer appeals his conviction for six counts of possession of a firearm by a felon under 18 U.S.C. § 922(g)(1). He argues that the district court improperly denied his motion to dismiss these charges, claiming that § 922(g)(1) violates the Commerce Clause, the Equal Protection Clause, and the Second and Tenth Amendments when subjected to strict scrutiny analysis. However, the court finds this argument unpersuasive, citing precedents that establish the Second Amendment does not grant individuals the right to bear arms (United States v. Hancock), and affirming that § 922(g)(9) withstands rational basis scrutiny concerning equal protection. Furthermore, the court confirms that § 922(g)(1) is a legitimate exercise of Congress’s authority under the Commerce Clause, which also satisfies Tenth Amendment requirements (United States v. Collins). The court ultimately affirms the conviction, noting that this decision is not suitable for publication and cannot be cited in future cases, except as allowed under Ninth Circuit Rule 36-3.