USA vs. Edds, (5th Cir. 1997)
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* Pursuant to 5 T H C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 97-20128 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DAVID LEE EDDS, Defendant-Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. H-96-CR-191-1 October 22, 1997 Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges.
PER CURIAM: * David Lee Edds appeals his guilty-plea conviction for possession a firearm in violation of 18 U.S.C. § 922(g)(1). Edds argues that the federal government cannot, consistent with the Interstate Commerce Clause, the Tenth Amendment, and in the wake of United States v. Lopez , 115 S. Ct. 1624 (1995), punish a felonÂ’s mere possession of a firearm that has traveled in interstate commerce at some unspecified time in the past because such possession lacks a sufficient nexus with interstate commerce. Section 922(g)(1) has been consistently upheld as constitutional. See Scarborough v. United States , 431 U.S. 563 (1977); United States v. Kuban , 94 F.3d 971, 973 (5th Cir. 1996), cert. denied , 117 S. Ct. 716 (1997); United States v. Rawls , 85 F.3d 240, 242 (5th Cir. 1996).
AFFIRMED.
No. 97-20128
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This document cites
- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff-Appellee, v. Gregory Alan Kuban, Defendant-Appellant., 94 F.3d 971 (5th Cir. 1996)
- U.S. Code - Title 18: Crimes and Criminal Procedure - 18 USC 922 - Sec. 922. Unlawful acts
- U.S. Supreme Court - Scarborough v. United States, 431 U.S. 563 (1977)
- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff-Appellee, v. Kevin Glenn Rawls, Defendant-Appellant., 85 F.3d 240 (5th Cir. 1996)
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