Legal Opinion

United States v. Derek Bellamy

Court of Appeals for the Ninth Circuit

Decided December 2, 2014No. 13-30296Unpublished

1Opinion of the Court

MEMORANDUM *

Derek Tyson Bellamy was convicted of being a felon in possession of a firearm, 18 U.S.C. § 922(g)(1), and sentenced to 63 months imprisonment. Bellamy appeals the conviction, claiming insufficient evidence, and the sentence, claiming it is substantively unreasonable. We have jurisdiction under 28 U.S.C. § 1291, and affirm.

1. To obtain a conviction under 18 U.S.C. § 922(g)(1), the government must prove “(1) that the defendant was a convicted felon; (2) that the defendant was in knowing possession of a firearm ...; and (3) that the firearm ... was in or affecting interstate…

2Cases cited5 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. United States v. NevilsCourt of Appeals for the Ninth Circuit · 2010
  3. United States v. Jimmy John GutierrezCourt of Appeals for the Ninth Circuit · 1993
  4. United States v. Willie BeasleyCourt of Appeals for the Ninth Circuit · 2003
  5. United States v. Ruben NungarayCourt of Appeals for the Ninth Circuit · 2012

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