United States v. Lemuel Small, 494 F. App'x 789

Defendants-Appellants Lemuel and Christina Small appeal their jury convictions for being felons in possession of firearms and ammunition under 18 U.S.C. § 922(g)(1).
The court affirms the conviction, stating the Second Amendment does not extend to felons; Heller supports this interpretation.
The panel applies rational basis review to an Equal Protection challenge comparing felons convicted of drug trafficking to those convicted of other crimes.
The district court did not abuse its discretion in denying a surrebuttal argument and followed Rule 29.1 procedures.
Evidence showed firearms and ammunition were in the Smalls’ home, with testimony that both residents stored items in the bedroom closet; this supports constructive possession finding.
The district court’s decision is affirmed on all issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Second Amendment rights of felons in possession	Small asserts right to possess violated	Small lacks Second Amendment protection as felon	No infringement; rational basis applies
Equal Protection—offense-based firearm eligibility	Small argues unequal treatment of drug criminals	Congress rationally distinguishes drug crimes	Rational basis sustains law
Surrebuttal completion in closing arguments	Surrebuttal should have been allowed	Rules followed; no error	No abuse of discretion; valid procedure
Sufficiency of evidence for constructive possession	Evidence insufficient to prove possession	Evidence shows in bedroom closet; both residents stored items	Sufficient evidence for constructive possession

District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (Second Amendment applies to individuals, but not to felons or the mentally ill)
United States v. Vongxay, 594 F.3d 1111 (9th Cir. 2010) (Felons do not have a fundamental right to possess firearms; rational basis review applies)
Burlington Northern R.R. Co. v. Woods, 480 U.S. 1 (U.S. 1987) (Presumptively constitutional procedural rules)