United States v. Mark Erardi

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mark ERARDI, Defendant-Appellant. No. 95-17330. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1996. * Decided Aug. 19, 1996. Before: BROWNING, SCHROEDER and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Mark Erardi appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion challenging his conviction for manufacturing marijuana, in violation of 21 U.S.C. § 841 (a)(1). We affirm. 3 Erardi contends that 21 U.S.C. § 841 (a)(1) is unconstitutional because Congress lacks the power to regulate intrastate drug activity. We have long held that Congress may constitutionally regulate intrastate drug activity under section 841(a)(1). See United States v. Visman, 919 F.2d 1390, 1392-93 (9th Cir.1990); 1 see also United States v. Staples, No. 95-30274, slip op. 7747, 7751-52 (9th Cir. June 28, 1996). Accordingly, we affirm the…