United States v. Rojo

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 13 2026 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-598 D.C. No. Plaintiff - Appellee, 3:21-cr-00682-GPC-1 v. MEMORANDUM* ORLANDO ROJO,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Gonzalo P. Curiel, District Judge, Presiding

Submitted April 22, 2026**

Before: LEE, DESAI, and JOHNSTONE, Circuit Judges.

Orlando Rojo appeals from the district court’s judgment and challenges his

guilty-plea conviction for being a felon in possession of a firearm in violation of 18

U.S.C. § 922(g)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Rojo asserts that § 922(g)(1) violates the Second Amendment, both facially

* 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). 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 23-598