U.S. v. DUGAN

No. 08-10579.

657 F.3d 998 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin V. DUGAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 20, 2011.


Attorney(s) appearing for the Case

Eugene G. Illovsky , Palo Alto, CA, for the defendant-appellant.

Merry Jean Chan , Assistant United States Attorney, San Francisco, CA, for the plaintiff-appellee.

Before: DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER, and CARLOS T. BEA, Circuit Judges.


OPINION

GRABER, Circuit Judge:

We consider the constitutionality of 18 U.S.C. § 922(g)(3), which makes it illegal for "any person ... who is an unlawful user of or addicted to any controlled substance... to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce." Reviewing de novo...

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