United States v. Miller

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 19, 2026
• Docket: 25-204
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 19 2026 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT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. 25-204 D.C. No. Plaintiff - Appellee, 3:23-cr-00024-TMB-MMS-1 v. MEMORANDUM* MICHAEL TRAVIS MILLER,

Defendant - Appellant.

Appeal from the United States District Court for the District of Alaska Timothy M. Burgess, Circuit Judge, Presiding

Submitted March 16, 2026**

Before: SILVERMAN, NGUYEN, and HURWITZ, Circuit Judges.

Michael Travis Miller appeals from the district court’s judgment and

challenges his guilty-plea conviction for being a felon in possession of firearms 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). Miller asserts that § 922(g)(1) violates the Second Amendment, both facially

and as applied to him as a purportedly non-violent felon. 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 25-204