Gonzalez
United States v. Gonzalez
Opinion
Opinion
Rhoades, J.
ORDER DENYING DEFENDANT’S MOTION TO DISMISS THE INDICTMENT
This matter comes before the Court on Defendant Oscar Gonzalez’ motion to dismiss his indictment. The indictment charges Gonzalez with distributing a total of approximately 45.44 kilograms of methamphetamine, in violation of 21 U.S.C. § 841 (a)(1). Defendant contends, in view of the Supreme Court’s recent decision United States v. Lopez, — U.S. -, 115 S.Ct. 1624 , 131 L.Ed.2d 626 (1995), that § 841(a) exceeds the scope of Congress’ power to legislate. For the reasons stated below, Defendant’s motion is DENIED.
I. Discussion
Title 21, United States Code, Section 841 (a)(1), provides in relevant part as follows:
21 U.S.C. § 841 (a)(1) (1981). Gonzalez recognizes that the statute does not require an express nexus with interstate commerce. Since manufacturing even a small amount for personal use or for distribution “between Mends” is unlawful, Gonzalez argues, Congress exceeded its legislative authority by enacting § 841(a)(1). Gonzalez, however, ignores the law of this circuit and Congressional findings of a substantial relationship between the intrastate distribution of controlled substances and interstate commerce.