United States v. Marcellus Cox

95 F.3d 1159 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Marcellus COX, Defendant-Appellant. No. 95-50083. United States Court of Appeals, Ninth Circuit. Submitted Feb. 6, 1996. * Submission Deferred March 11, 1996. Resubmitted Aug. 8, 1996. Decided Aug. 19, 1996. Before: POOLE, WIGGINS, and RYMER, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 Marcellus Cox pleaded guilty to two counts of bank robbery and one count of using a firearm during a crime of violence in violation of 18 U.S.C. § 924 (c)(1). Cox argues on appeal that (1) the government violated his plea agreement by recommending the district court sentence him to the high end of the guidelines range and (2) 18 U.S.C. § 924 (c)(1) exceeds Congress' power under the Commerce Clause. For the following reasons, we AFFIRM Cox's conviction and sentence. FACTS 3 Pursuant to a plea agreement, Cox pleaded guilty to one count of armed bank robbery in violation of 18…