United States v. Clydell Younger

Clydell Younger appeals his jury conviction for possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(B), and for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Defendant asserts that (1) the district court erred in denying his motion to suppress statements; (2) the district court erred in permitting certain expert opinion testimony; (3) the prosecutors engaged in prejudicial misconduct during closing argument; (4) the Second Amendment bars prosecution for felon in possession; and (5) the evidence failed to satisfy the “interstate commerce” element of the felon-in-possession charge.

We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I. Facts

On November 18, 2002, police officers Hall and Benzinger, assisted by other officers, executed a warrant to séarch defendant’s person, residence, and vehicle. The warrant was based on information Hall and Benzinger received from a confidential informant that defendant was selling crack cocaine from his residence.

After knocking and announcing their presence, the officers heard loud thumps of someone running inside the residence, and forced…