U.S. Court of Appeals for the Eighth Circuit, 1996

United States v. Terry M. Corbett

United States v. Terry M. Corbett
U.S. Court of Appeals for the Eighth Circuit · Decided April 5, 1996

United States v. Terry M. Corbett

Opinion

___________ No. 95-3238 ___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri.

Terry Michael Corbett, * [UNPUBLISHED] * Appellant. * ___________ Submitted: March 19, 1996 Filed: April 5, 1996 ___________ Before McMILLIAN, WOLLMAN, and MURPHY, Circuit Judges. ___________

PER CURIAM.

Terry Michael Corbett appeals the judgment of conviction the district court entered upon his guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Relying on United States v. Lopez, 115 S. Ct. 1624 (1995), Corbett argues that Congress lacks authority to make a felon's possession of a weapon a federal crime.

Corbett's argument, however, is foreclosed by our recent opinion in United States v. Shelton, 66 F.3d 991, 992 (8th Cir. 1995) (per curiam) (rejecting Lopez challenge to § 922(g)), petition for cert. filed, No. 95-8099 (U.S. Feb. 26, 1996). See also United States v. Rankin, 64 F.3d 338, 339 (8th Cir.) (per curiam) (holding § 922(g)(1) clearly tied to interstate commerce), cert. denied, 116 S. Ct. 577 (1995).

The Honorable Charles A. Shaw, United States District Judge for the Eastern District of Missouri.

Accordingly, the judgment is affirmed.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

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