United States of America v. Marshall D. Lapier

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARSHALL D. LAPIER,
Defendant - Appellant.
No. 12-30401
D.C. No. 4:12-cr-00002-SEH
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted July 24, 2013**
Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
Marshall D. Lapier appeals from the district court’s judgment and challenges
the denial of his motion for judgment of acquittal under Federal Rule of Criminal
Procedure 29. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a
FILED
AUG 01 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-30401 2
district court’s denial of a motion for acquittal, see United States v. Gonzalez-
Torres, 309 F.3d 594, 598 (9th Cir. 2002), and we affirm.
Lapier contends that his conviction under 18 U.S.C. § 922(g)(1) violates his
right to due process because section 922 does not require that he be provided
notice that he was prohibited from possessing a firearm. As Lapier acknowledges,
this court has previously rejected such arguments. See, e.g., United States v.
Hancock, 231 F.3d 557, 563-65 (9th Cir. 2000) (rejecting notice-based due process
challenge to statute prohibiting domestic violence misdemeanants from possessing
firearms); United States v. Allen, 699 F.2d 453, 458 (9th Cir. 1982) (rejecting same
challenge to felon-in-possession statute). Lapier’s contention that recent Supreme
Court decisions undermine this precedent is unpersuasive. See Dist. of Columbia
v. Heller, 554 U.S. 570, 626 (2008) (“[N]othing in our opinion should be taken to
cast doubt on longstanding prohibitions on the possession of firearms by
felons . . . .”).
AFFIRMED.

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