United States of America v. Francisco Javier Lopez Madrid

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
FRANCISCO JAVIER LOPEZ MADRID,
Defendant-Appellant.
No. 16-10306
D.C. No. 3:14-cr-00038-CRB
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Charles R. Breyer, District Judge, Presiding
Submitted November 15, 2017 **
Before: CANBY, TROTT, and GRABER, Circuit Judges.
Francisco Javier Lopez Madrid appeals from the district court’s order
affirming the judgment of conviction entered by a magistrate judge following
Lopez’s guilty plea to carrying a concealed weapon, in violation of 18 U.S.C. § 13
and California Penal Code § 25400(a)(1). We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
NOV 20 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-10306
Lopez contends that his conviction is unconstitutional because it violates his
rights under the Second Amendment. Contrary to the government’s argument,
Lopez has standing to present a facial challenge to the constitutionality of the
statute under which he was convicted. See Bond v. United States, 564 U.S. 211,
217 (2011). But, as Lopez acknowledges, his claim is foreclosed by Peruta v.
County of San Diego, 824 F.3d 919, 927 (9th Cir. 2016) (en banc).
AFFIRMED.

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