United States v. Francisco Madrid

703 F. App'x 560

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 20, 2017
• Docket: 16-10306
• Status: Unpublished

Opinion

MEMORANDUM *

Francisco Javier Lopez Madrid appeals from the district court’s order affirming the judgment of conviction entered by a magistrate judge following Lopez’s guilty plea to carrying a concealed weapon, in violation of 18 U.S.C. § 13 and California Penal Code § 25400(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Lopez contends that his conviction is unconstitutional because it violates his rights under the Second Amendment. Contrary to the government’s argument, Lopez has standing to present a facial challenge to the constitutionality of the statute under which he was convicted. See Bond v. United States, 564 U.S. 211, 217, 131 S.Ct. 2355, 180 L.Ed.2d 269 (2011). But, as Lopez acknowledges, his claim is foreclosed by Peruta v. County of San Diego, 824 F.3d 919, 927 (9th Cir. 2016) (en banc).

AFFIRMED.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.