Harrison
United States v. Harrison
Opinion
lead Opinion
MEMORANDUM *
Ladel Baptiste Harrison appeals his conviction of the offense of felon in possession of a firearm, 18 U.S.C. § 922 (g), and his sentence under the Armed Career Criminal Act (“ACCA”) on six grounds. We affirm.
First, the appellant argues that the district court erred when it refused to instruct the jury that he faced a mandatory sentence of fifteen years to life if convicted. We have repeatedly held, however, that district judges should not instruct juries on the sentencing consequences of a *413 verdict when the juries have no role in fixing punishment. See, e.g., United States v. Frank, 956 F.2d 872, 880-82 (9th Cir. 1991).
Second, the appellant argues that the felon in possession statute is unconstitutional both on its face and as applied because it exceeds Congress’s power under the Commerce Clause. The facial challenge is foreclosed. See United States v. Dorsey, 418 F.3d 1038, 1046 (9th Cir.2005); United States v. Carrasco, 257 F.3d 1045, 1053 (9th Cir.2001). The as-applied challenge also fails. The evidence adduced at trial of the connection between interstate commerce and the firearm that Harrison allegedly possessed is more than sufficient to establish that…