UNITED STATES of America, Plaintiff-Appellee, v. Aaron Willie STAPLES, Defendant-Appellant

Aaron Willie Staples appeals his guilty plea conviction of possession of a firearm in connection with a drag trafficking crime in violation of 18 U.S.C. § 924 (e). We affirm.

Factual and Procedural Background

On February 1, 1994, undercover police officers purchased cocaine from John Matthews at a local bar. During the transaction, Matthews took money from an officer, went to Staples’ car, and returned with the cocaine. The police then arrested Staples and searched his ear. In the glove compartment the police found a loaded .40 caliber semiautomatic pistol.

On January 15, 1995, Staples was charged with using and carrying a firearm while distributing cocaine in violation of 18 U.S.C. § 924 . On March 7, 1995, he pled guilty. Before sentencing, Staples moved unsuccessfully to dismiss the indictment and vacate the plea on the basis of United States v. Lopez, — U.S. -, 115 S.Ct. 1624 , 131 L.Ed.2d 626 (1995). Staples was sentenced to five years imprisonment on August 11, 1995. Staples timely appeals.

Analysis

I. 18 U.S.C. § 924 (c)(1) does not exceed Congress’ authority under the Commerce Clause.

Staples argues that Congress lacked authority under the Commerce Clause to enact 18…