U.S. v. Jones, No. 12-50042 (10-5-12)(Thomas with Alarcon and Berzon).
In a SR appeal, the 9th affirms the counting of a state conviction as a felony, based on a recidivist statute, rather than a misdemeanor. The result was a Grade B violation rather than a Grade C. The case is remanded in part because the written judgment contained a new SR condition pertaining to residency that was not read or imposed at the oral sentencing.
U.S. v. Nungaray, No. 11-30341 (10-5-12) (Gould with Schroeder and Friedman, Sr. D.J.).
The 9th affirms the district court's Guideline enhancement for constructively possessing four firearms. The defendant argues that he only delivered a bag, albeit containing guns, which he knew, for a friend, and a sick friend at that, but he himself never took possession. In affirming the enhancement, the defendant was left holding the bag.
U.S. v. Mendez-Gonzalez, No. 10-30369 (per curiam with Black [11th Cir], Graber and Rawlinson).
The 9th dismisses an appeal from the imposition of a SR term. The plea agreement stated that the defendant agreed to waive "[a]ny right conferred by Title 18, United States Code, Section 3742 to appeal the sentence." This language effects a waiver of the right of appeal a condition of SR.
U.S. v. Elk Shoulder, No. 10-30072 (10-5-12) (Ikuta, Tashima, and Bea).
In a SORNA appeal, the 9th rejects the usual claims already decided (no notice, failure to follow regs, due process. As for the constitutional challenge to Congressional authority to so impose registration requirements, the 9th holds that it falls under the "necessary and proper" clause.