UNITED STATES of America, Plaintiff-Appellee, v. Henry John TISOR, Defendant-Appellant

Henry John Tisor seeks reversal of the judgment of conviction for violating sections 841(a), 843(b), and 846 of Title 21 of the United States Code. Tisor contends that the district court lacked subject matter jurisdiction because Congress exceeded its authority to regulate interstate commerce by making purely intra state drug trafficking a federal crime. We conclude that the district court had subject matter jurisdiction because Congress reasonably determined that intrastate drug trafficking has a substantial effect on interstate commerce. We affirm because none of Tisor’s challenges to the judgment has merit.

I

On January 17, 1995, a Drug Enforcement Agency (“DEA”) undercover operation resulted in the purchase of methamphetamine by DEA informant Terry Anderson from Regina Chapman and Norman Jones. John Tisor was identified as the source of the methamphetamine sold to Anderson. The purchase was monitored by DEA Agent Levy. Anderson wore a hidden radio transmitter and a microcassette recorder during the drug transaction.

On February 2, 1995, DEA Agent Levy directed Anderson to purchase additional methamphetamine from Tisor. Pursuant to DEA Agent Levy’s instructions, Anderson…