United States v. Huitron-Guizar, 678 F.3d 1164

Huitron-Guizar, born in Mexico, was found in Wyoming with three firearms in March 2011.
He is an illegal alien; prior to this, he was not a U.S. citizen, per sister's statements.
He pleaded guilty conditionally to illegal alien in possession of firearms transported or shipped in interstate commerce under 18 U.S.C. §§ 922(g)(5)(A), 924(a)(2).
District court denied motions to dismiss the indictment as unconstitutional under § 922(g)(5) and declined to apply a sporting-purposes base offense level or downward variances.
He was sentenced to 18 months and to be deported on release; he appealed the constitutionality and sentencing rulings.
The court addressed whether § 922(g)(5) violates the Second Amendment and Equal Protection, and whether sentencing guidelines were properly applied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is § 922(g)(5) unconstitutional as applied to illegal aliens?	Huitron-Guizar argues aliens should retain Second Amendment rights equally to citizens.	The government asserts rational basis of alienage classifications; Congress may restrict rights of illegal aliens.	§ 922(g)(5) constitutional; rational basis supports the restriction.
Does Heller constrain § 922(g)(5) as applied to illegal aliens under equal protection?	Alienage cannot justify depriving non-citizens of rights invoked by Heller.	Congress may distinguish citizens from non-citizens to protect public safety; equal protection tolerates such classifications.	Court upheld the statute; aliens are not similarly situated to citizens for this constitutional question.
Was there a sentencing error in applying the Guidelines (sporting-purposes, age variance, or government conduct)?	Sporting-purposes adjustment should apply; court should consider age and governmental conduct for variance/departure.	Sporting-purposes not applicable to § 2K2.1(a)(4); no abuse in not variating for age; government-conduct variance lacks merit.	No sentencing error; correct guideline applied and variance downwards affirmed.

District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (second amendment protects individual right to bear arms)
Portillo-Munoz, 643 F.3d 437 (5th Cir. 2011) (upheld § 922(g)(5) against Second Amendment challenge)
Flores, 663 F.3d 1022 (8th Cir. 2011) (Second Circuit/pertinent related decision on aliens)
Verdugo-Urquidez, 494 U.S. 259 (U.S. 1990) (defined scope of 'the people' and rights for aliens)
Demore v. Kim, 538 U.S. 510 (U.S. 2003) (aliens and Congress powers over immigration relations)
Mathews v. Diaz, 426 U.S. 67 (U.S. 1976) (alienage classifications subject to rational basis review)
McCane, 573 F.3d 1037 (10th Cir. 2009) (discussion of 922(g)(1) and related discretion)
Orellana, 405 F.3d 360 (5th Cir. 2005) (unlawfully present aliens and public safety considerations)
Wong Wing v. United States, 163 U.S. 228 (U.S. 1896) (Due Process protections for aliens)
Plyler v. Doe, 457 U.S. 202 (U.S. 1982) (equal protection rights of aliens)
Bridges v. Wixon, 326 U.S. 135 (U.S. 1945) (First Amendment/alien rights context)
Marzzarella, 614 F.3d 85 (3d Cir. 2010) (gun restrictions and related rationale)
Rene E. v. Doe, 583 F.3d 8 (1st Cir. 2009) (aliens and rights status)
United States v. Yanez-Vasquez, not included () (not an official reporter)