Defendant's conviction for being a felon in possession of a firearm is affirmed where: 1) 18 U.S.C. section 922(g)(1) does not violate defendant's Second Amendment right to bear arms; 2) section 922(g)(1) did not violate the equal protection guarantee of the Fifth Amendment; and 3) for purposes of a claim that he was unconstitutionally searched, defendant's act of raising his hands to his head constituted implied consent to search.
Argued and Submitted January 12, 2010
Filed February 9, 2010
Opinion by Judge Smith
Lawrence G. Brown and Elana S. Landau, Assistant United States Attorney, Fresno, CA