Carter

United States v. Carter

Good Law
52 F. App'x 70
United States Court of Appeals for the Ninth CircuitDecember 5, 2002No. 01-30431; D.C. No. CR-00-30052-MRHCalifornia350 words

Opinion

Lead Opinion

MEMORANDUM **

Jeremiah Lee Carter appeals his conviction following his guilty plea to one count of making a false statement in acquisition of a firearm, in violation of 18 U.S.C. § 922 (a)(6), and three counts of felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Carter contends that 18 U.S.C. §§ 922 (a)(6) and 922(g)(1) are unconstitutional exercises of Congress’s authority under the Commerce Clause. The Supreme Court has held that § 922(a)(6) is constitu *71 tional. See Huddleston v. United States, 415 U.S. 814, 833 , 94 S.Ct. 1262 , 39 L.Ed.2d 782 (1974). In addition, we have rejected Carter’s contention that United States v. Morrison, 529 U.S. 598 , 120 S.Ct. 1740 , 146 L.Ed.2d 658 (2000) and Jones v. United States, 529 U.S. 848 , 120 S.Ct. 1904 , 146 L.Ed.2d 902 (2000) impliedly overruled prior authority finding § 922(g)(1) constitutional. See United States v. Rousseau, 257 F.3d 925, 932 (9th Cir.), cert. denied, — U.S. —, 122 S.Ct. 503 , 151 L.Ed.2d 413 (2001); United States v. Davis, 242 F.3d 1162, 1162-63 (9th Cir.) (per curiam), cert. denied, — U.S. —, 122 S.Ct. 178 , 151 L.Ed.2d…

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