Opinion

United States v. Brown

Court
Court of Appeals for the Fourth Circuit
Filed
May 12, 1997
Status
Unpublished
Cited by
0 cases
Authority
More cited than 27.9%

The opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. No. 96-4406

RAYMOND ANTHONY BROWN,

Defendant-Appellant.

Appeal from the United States District Court

for the Middle District of North Carolina, at Salisbury.

N. Carlton Tilley, Jr., District Judge.

(CR-95-45)

Submitted: May 1, 1997

Decided: May 12, 1997

Before WIDENER and MURNAGHAN, Circuit Judges, and

PHILLIPS, Senior Circuit Judge.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

Thomas N. Cochran, Assistant Federal Public Defender, Greensboro,

North Carolina, for Appellant. Walter C. Holton, Jr., United States

Attorney, Michael F. Joseph, Assistant United States Attorney,

Greensboro, North Carolina, for Appellee.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

Raymond Anthony Brown pleaded guilty to being a felon in pos-

session of a firearm, in violation of 18 U.S.C.A.§ 922(g)(1) (West

Supp. 1996). Brown was sentenced to 180 months in prison, to be fol-

lowed by five years of supervised release. He appeals, asserting that

Congress exceeded its powers under the Commerce Clause in enact-

ing § 922(g)(1). We affirm.

In 1989, Brown was convicted in a New York state court of

attempted robbery in the second degree, a felony. The indictment in

this case charged him with possessing a .357 caliber Taurus revolver

on May 11, 1994, in the Middle District of North Carolina. That fire-

arm is not manufactured in North Carolina and must have traveled in

interstate commerce.

Brown bases his challenge to § 922(g)(1) on United States v.

Lopez, ___ U.S. ___, 63 U.S.L.W. 4343 (U.S. Apr. 26, 1995) (No. 93-

1260). In Lopez, the Supreme Court invalidated 18 U.S.C.A.

§ 922(q)(1)(A) (West Supp. 1996), which made possession of a fire-

arm within 1000 feet of a school a federal offense. Lopez, 63

U.S.L.W. at 4343. The Court struck down the conviction in part

because the statute "contains no jurisdictional element which would

ensure, through case-by-case inquiry, that the firearm possession in

question affects interstate commerce." Id. at 4347.

Unlike the statute at issue in Lopez, § 922(g)(1) contains the requi-

site jurisdictional element because it applies only to firearms having

"an explicit connection with or effect on interstate commerce." Id.

This court recently joined the unanimous ranks of the courts of

appeals in concluding that Congress did not exceed its power under

the Commerce Clause in enacting § 922(g)(1). United States v. Wells,

98 F.3d 808, 811 (4th Cir. 1996) (collecting cases). The "in or affect-

2

ing commerce" requirement of § 922(g) satisfies the jurisdictional ele-

ment that the statute at issue in Lopez lacked and meets the minimal

nexus required for the Commerce Clause. Id. (citing Scarborough v.

United States, 431 U.S. 563, 575 (1977)). Consequently, Brown's

argument is foreclosed by our decision in Wells .

Accordingly, we affirm Brown's conviction. We dispense with oral

argument because the facts and legal contentions are adequately pres-

ented in the materials before the court and argument would not aid the

decisional process.

AFFIRMED

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