United States v. Ray Harold Edwards, III

. Ray Harold Edwards, III appeals from his judgment of conviction for violating the Gun Free School Zones Act, 18 U.S.C.A. § 922 (q)(l)(A) (West Supp.1993). Pursuant to a plea agreement, Edwards entered a conditional guilty plea in exchange for the Government’s dismissal of charges for possession of a sawed-off rifle in violation of 26 U.S.C. § 5861 (d). Edwards specifically reserved the right to appeal on the basis that 18 U.S.C. § 922 (q)(l)(A) represents an unconstitutional exercise of Congressional 'power under the Commerce Clause. Edwards also contends that section 922(q)(l)(A) is overbroad. We affirm the judgment of con viction because the Gun Free School Zones Act represents a permissible exercise of Congressional authority under the Commerce Clause. Furthermore, we reject Edwards’s overbreadth argument.

I.

PERTINENT FACTS AND. PROCEDURAL HISTORY

On the afternoon of December 11, 1991, Detective Mike Lopez of the Sacramento Police Department gang unit saw Ray Harold Edwards, III with four other males at Grant Union High School. In Lopez’s opinion, Edwards and his companions were dressed like gang members, and Lopez requested that three additional officers be dispatched to…