Background
Javier Rubio-Castillo pleaded guilty to possessing a firearm by an alien having been admitted to the United States under a nonimmigrant visa, in violation of Section eighteen of the United States Code, Section nine hundred twenty-two, subsection (g), paragraph (5), sub-paragraph (B). The district court sentenced him to sixty-three months of imprisonment and three years of supervised release. On appeal, he argued that the statute of conviction violates the Second Amendment on its face and as applied to him, and that the statute exceeds Congress’s power under the Commerce Clause.
The court’s reasoning
The court granted the Government’s unopposed motion for summary affirmance. The alternative motion for an extension of time to file a brief was denied as moot. The opinion is not designated for publication.
What it means going forward
The judgment of the district court is affirmed, upholding the conviction and sentence for firearms possession by a nonimmigrant visa holder.
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