Loggins

United States v. Loggins

Good Law
72 F. App'x 705
United States Court of Appeals for the Ninth CircuitAugust 18, 2003No. 02-10642; D.C. No. CR-01-00406-MJJCalifornia323 words

Opinion

Lead Opinion

MEMORANDUM **

Wallace Lee Loggins appeals his bench trial conviction for one count of being a 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.

Loggins contends that the government failed to establish the jurisdictional *706 “in or affecting commerce” element of 18 U.S.C. § 922 (g)(1). The district court found that the gun was sold by its Texas manufacturer to a distributor in California in 1966.

We reject Loggins’ jurisdictional argument. We have held that the felon in possession statute, 18 U.S.G. § 922(g)(1), “require[s] only ‘the minimal [jurisdictional] nexus that the firearm have been, at some time, in interstate commerce.’ ” United States v. Hanna, 55 F.3d 1456, 1462 (9th Cir.1995) (quoting Scarborough v. United States, 431 U.S. 563, 575 , 97 S.Ct. 1963 , 52 L.Ed.2d 582 (1977)); see also United States v. Casterline, 103 F.3d 76, 77 (9th Cir.1996). Nothing in the Supreme Court’s recent Commerce Clause jurisprudence undermines Hanna. United States v. Rousseau, 257 F.3d 925, 932 (9th Cir.2001); United States v. Davis, 242 F.3d 1162 (9th Cir.2001).

Loggins also contends that §…

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