United States v. Bowden

U.S. Court of Appeals for the First Circuit

United States v. Bowden

Opinion

USCA1 Opinion












[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________


No. 96-1692

UNITED STATES,

Appellee,

v.

DAVID LYNWOOD BOWDEN, JR.,

Defendant, Appellant.

____________________


ERRATA SHEET


The opinion of this court issued on October 28, 1996 is amended
as follows:

On page 2, line 6, correct the spelling of "inerrelated" to
"interrelated."




































[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________


No. 96-1692

UNITED STATES,

Appellee,

v.

DAVID LYNWOOD BOWDEN, JR.,

Defendant, Appellant.

____________________


APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MAINE

[Hon. Morton A. Brody, U.S. District Judge] ___________________

____________________

Before

Torruella, Chief Judge, ___________
Boudin and Lynch, Circuit Judges. ______________

____________________

Brett D. Baber and Rudman & Winchell on brief for appellant. ______________ _________________
Jay P. McCloskey, United States Attorney, James L. McCarthy and _________________ __________________
Margaret D. McGaughey, Assistant United States Attorneys, on brief for _____________________
appellee.


____________________

October 28, 1996
____________________

















Per Curiam. David L. Bowden appeals from his ___________

conviction for unlawful possession of a firearm by a felon,

in violation of 18 U.S.C. 922(g)(1) and 924(e). The

government has moved for summary affirmance pursuant to Loc.

R. 27.1. We grant the government's motion for the following

reasons.

Bowden makes three interrelated arguments. First

he contends that 922(g) is unconstitutional under the

reasoning of United States v. Lopez, 115 S. Ct. 1624 (1995). _____________ _____

"This issue is no longer open in this circuit." United ______

States v. Joost, 92 F.3d 7, 14 (1st Cir. 1996). Bowden's ______ _____

remaining arguments are that 922(g) requires proof that

possession of the firearm had a "substantial effect" upon

interstate commerce, and that the jury instructions were

flawed for not including that requirement. In United States _____________

v. Blais, No. 95-1093, slip op. at 8 (1st Cir. August 28, _____

1996), we rejected precisely the arguments that Bowden makes

here "about Lopez's alteration of the Scarborough standard of _____ ___________

minimal nexus."

Bowden's conviction is summarily affirmed. See Loc. _________ ________ ___

R. 27.1.











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Reference

Status
Published