United States v. Ernest Joseph Bisson

97 F.3d 1461 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ernest Joseph BISSON, Defendant-Appellant. No. 95-30374. United States Court of Appeals, Ninth Circuit. Submitted Sept. 18, 1996. * Decided Sept. 26, 1996. Before: ALDISERT, ** PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM *** 2 Since the parties are familiar with the facts, we need not recite them here. 3 Unlike the "Gun-Free School Zone Act" (section 922(q)), which was deemed unconstitutional in United States v. Lopez, --- U.S. ----, 115 S.Ct. 1624 (1995), the federal felon in possession statute (section 922(g)(1)) has a jurisdictional element because it applies only to firearms "in or affecting commerce." Thus, Lopez does not affect the federal felon in possession statute. United States v. Hanna, 55 F.3d 1456 (9th Cir.1995). Further, proof that the firearm previously travelled in interstate commerce is sufficient to satisfy the required nexus between…