US v. Ruben Izaguirre-De La Cruz, No. 12-4615 (4th Cir. 2013)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-4615 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RUBEN IZAGUIRRE-DE LA CRUZ, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, Chief District Judge. (5:11-cr-00326-D-1) Submitted: January 16, 2013 Decided: February 14, 2013 Before AGEE, KEENAN, and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. Thomas G. Walker, United States Attorney, Jennifer P. May-Parker, Kristine L. Fritz, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ruben Izaguirre-De La Cruz was indicted for possession of a firearm by an illegal alien, in violation of 18 U.S.C. § 922(g)(5) (2006), and illegal entry of an alien, in violation of 8 U.S.C. § 1325(a)(2) (2006). count, on Amendment the ground rights, and that the He moved to dismiss the first § 922(g)(5) district violates court denied his Second the motion, holding that an illegal alien s possession of a firearm falls outside of the Second Amendment s scope. He then pled guilty to the second count, was found guilty by jury of the first count, and was sentenced to sixteen months imprisonment. He now appeals, contending that the Second Amendment protects the right of illegal aliens to possess firearms in the home for selfdefense. Whether Izaguirre-De La Cruz s conviction under § 922(g)(5) violates the Second Amendment presents a question of law that this court reviews de novo. See United States v. Moore, 666 F.3d 313, 316 (4th Cir. 2012). Section 922(g)(5) does not violate the Second Amendment, because possession of firearms by illegal aliens does not fall within the amendment s scope. United States v. Carpio-Leon, No. 11-5063, 2012 WL 6217606, at *2-*8 (4th Cir. Dec. 14, 2012); see also United States v. Chester, 628 F.3d 673, 680 (4th Cir. 2010) (holding that to be unconstitutional, the 2 challenged law must burden conduct falling Izaguirre-De within La Cruz s the Second Amendment Second Amendment s challenge scope). therefore fails. Accordingly, we affirm the district court s judgment. We dispense contentions with are oral argument adequately because presented in the facts and the materials legal before this court and argument would not aid the decisional process. AFFIRMED 3
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