United States v. Michael J. Connell

86 F.3d 1164 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Michael J. CONNELL, Defendant-Appellant. No. 94-10426. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 12, 1996. Decided May 31, 1996. Before: SCHROEDER, D.W. NELSON and KOZINSKI, Circuit Judges. 1 MEMORANDUM * 2 United States v. Lopez, 115 S.Ct. 1624 (1995), does not undermine our holding in United States v. Visman, 919 F.2d 1390, 1392-93 (9th Cir.1990), cert. denied, 502 U.S. 969 (1991), that 21 U.S.C. § 841 (a)(1) is a valid exercise of Congress' Commerce Clause powers. See United States v. Wacker, 72 F.3d 1453, 1475 (10th Cir.1996); United States v. Brown, 72 F.3d 96, 97 (8th Cir.1995) (per curiam); United States v. Leshuk, 65 F.3d 1105, 1111-12 (4th Cir.1995). 3 While the government did not present sufficient evidence to convict Connell of a single, ongoing conspiracy as charged in the indictment, he was not prejudiced by that…