United States v. Carter
Opinion of the Court
MEMORANDUM
Jeremiah Lee Carter appeals his conviction following his guilty plea to one count of making a false statement in acquisition of a firearm, in violation of 18 U.S.C. § 922(a)(6), and three counts of 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.
Carter contends that 18 U.S.C. §§ 922(a)(6) and 922(g)(1) are unconstitutional exercises of Congress’s authority under the Commerce Clause. The Supreme Court has held that § 922(a)(6) is constitu
In the alternative, Carter contends that § 922(g)(1) is unconstitutional as applied because the government failed to prove his possession of firearms had an individualized substantial effect on commerce. This argument is unpersuasive. See Rousseau, 257 F.3d at 932-33 (holding § 922(g) constitutional as applied to any defendant found in possession of a firearm that has traveled in interstate commerce at any time in the past).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- United States v. Jeremiah Lee CARTER
- Status
- Published