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UNITED STATES v. PEREZ

No. 19-620-cr August Term 2019.

6 F.4th 448 (2021)

UNITED STATES of America, Appellee, v. Javier PEREZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 29, 2021.

Attorney(s) appearing for the Case

Yuanchung Lee , Federal Defenders of New York, Inc., Appeals Bureau, for Defendant-Appellant Javier Perez.

Tanya Hajjar ( Kevin Trowel , on the brief), Assistant United States Attorneys, for Mark J. Lesko , Acting United States Attorney for the Eastern District of New York, for Appellee.

Judge Menashi concurs in the judgment in a separate opinion.

Defendant-Appellant Javier Perez appeals from a judgment of conviction for possessing a firearm and ammunition while unlawfully present in the United States. Perez challenges the statute of conviction, 18 U.S.C. § 922(g)(5), on the basis that it violates the Second Amendment right to

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