Campbell

United States v. Campbell

Good Law
220 F. App'x 526
United States Court of Appeals for the Ninth CircuitJanuary 31, 2007No. 06-10005California475 words

Opinion

Lead Opinion

MEMORANDUM *

1. We review de novo the district court’s construction or interpretation of a statute. United States v. Cabaccang, 332 F.3d 622, 624-25 (9th Cir.2003) (en banc). Also subject to de novo review is the constitutionality of a statute and its application, United States v. Jones, 231 F.3d 508, 513 (9th Cir.2000); the sufficiency of an indictment and the denial of a motion for acquittal, United States v. Neill, 166 F.3d *527 943, 947-48 (9th Cir.1998); and the denial of a motion to dismiss an indictment on constitutional grounds, United States v. Andaverde, 64 F.3d 1305, 1308-09 (9th Cir.1995).

2. The indictment in this case is sufficient, because by alleging possession of firearms that “had previously been transported in interstate or foreign commerce” it clearly described the elements of the offense. United States v. Rousseau, 257 F.3d 925, 933 (9th Cir.2001); see also United States v. Miller, 105 F.3d 552 (9th Cir.1997). Similarly, Campbell’s stipulation that the charged firearms previously moved in interstate commerce satisfies the statutory requirement that his possession be “in or affecting commerce.” See, e.g., United States v. Younger, 398 F.3d 1179, 1192-93 (9th…

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