United States v. Ernst

857 F. Supp. 2d 1098, 2012 WL 787221, 2012 U.S. Dist. LEXIS 31963
CourtDistrict Court, D. Oregon
DecidedMarch 9, 2012
DocketCR No. 10-60109-AA-01
StatusPublished
Cited by2 cases

This text of 857 F. Supp. 2d 1098 (United States v. Ernst) is published on Counsel Stack Legal Research, covering District Court, D. Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Ernst, 857 F. Supp. 2d 1098, 2012 WL 787221, 2012 U.S. Dist. LEXIS 31963 (D. Or. 2012).

Opinion

OPINION AND ORDER

AIKEN, District Judge:

Defendant is charged with being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1), unlawful manufacture or possession with intent to deliver marijuana in violation of 21 U.S.C. § 841(a)(1) and a related forfeiture charge under 18 U.S.C. § 924(d)(1) and 28 U.S.C. § 2461. If convicted, the defendant is subject to the sentencing enhancement provision of 18 U.S.C. § 924(e) and a mandatory minimum sentence of fifteen years.

Defendant moves to dismiss all counts charged against him in the three-count Superceding Indictment of July 20, 2011. Defendant also moves to suppress certain statements and evidence obtained in 2006 and 2010 and fruits of unconstitutional searches. On February 10, 2012, the court held oral argument and received testimony from one witness regarding defendant’s Motion to Suppress. Defendant’s motions are denied.

I. FACTS

On January 12, 2010 the defendant’s son was arrested in Illinois for the unlawful transportation of approximately sixty pounds of marijuana and five pounds of hashish. During a subsequent investigation of that crime, federal agents obtained a search warrant authorizing the search of defendant’s property. The warrant described the scope of the property to be searched as “the premises known as 48589 East 3rd Street, Oakridge, Oregon.” Gov’t’s Opp’n to Mot. to Suppress, Ex. 1 at 5. Though the defendant and his sister each own separate portions of the property located at 48589 East 3rd Street, the properties share a single address.

On August 18, 2010 federal agents executed the search warrant, seizing two firearms, ammunition, marijuana plants, and dried marijuana.

The two firearms recovered from defendant’s home were a Lorcin, model L380, a .380 caliber pistol with serial number 187834, manufactured in the State of California, and a Remington, model 700, .30-06 [1102]*1102caliber, bolt action rifle with serial number C6298907, manufactured in the State of New York. Agents also recovered 12 rounds of Winchester .380 caliber ammunition bearing head stamp WIN 380 AUTO. Agents seized approximately eighty-nine marijuana plants, over ten kilograms of processed and delivery-ready marijuana, including dried marijuana in plastic bags, a marijuana drying stall, digital scales and other marijuana distribution paraphernalia.

II. DISCUSSION

Defendant first moves to dismiss the felon in possession charge, arguing that 18 U.S.C. § 922(g)(1) unconstitutionally exceeds Congress’s authority under the Commerce Clause, usurps the States’ police powers, and violates defendant’s Second Amendment right to keep and bear arms.

Defendant next moves to dismiss the marijuana-related charges arguing that 21 U.S.C. § 841(a)(1) is an unconstitutional violation of the Fifth, Ninth and Tenth Amendments where the only unlawful drug alleged is marijuana. Defendant further argues that the related forfeiture charge and the violation of 18 U.S.C. § 924(e) should also be dismissed.

Defendant also moves to dismiss the indictment in its entirety, arguing he is not the fictional entity named in the indictment, but is a sovereign free person. Based on that assertion, defendant contests personal and subject matter jurisdiction, claims Foreign State Immunity, and denies any involvement with the prior convictions referenced in the indictment. Defendant also argues that he was denied effective assistance of counsel. Lastly, defendant moves to suppress evidence seized during 2006 and 2010 searches of his property.

A. Constitutionality of 18 U.S.C. § 922(g)(1)

1. Commerce Clause Analysis

Defendant argues that Title 18 U.S.C. § 922(g)(1) is an unconstitutional exercise of Congress’s Commerce Clause power, both on its face and as applied to the defendant.

However, the United States Supreme Court has expressly held 18 U.S.C. app. § 1202(a), the predecessor statute of § 922(g)(1), a valid exercise of Congress’s Commerce Clause power. Scarborough v. United States, 431 U.S. 563, 97 S.Ct. 1963, 52 L.Ed.2d 582 (1977). The Court held the statute valid though the statute required only “the minimal nexus that the firearm have been, at some time, in interstate commerce.” Id. at 575, 97 S.Ct. 1963 (emphasis added). The Ninth Circuit has also held that the jurisdictional element of § 922(g)(1) ensures a sufficient nexus between possession of firearms and interstate commerce to constitute a valid exercise of Congress’s Commerce Clause power. United States v. Jones, 231 F.3d 508, 514 (9th Cir.2000); United States v. Polanco, 93 F.3d 555 (9th Cir.1996); United States v. Hanna, 55 F.3d 1456, 1462 (9th Cir.1995).1

Here, defendant concedes that no firearms are manufactured in Oregon, and therefore all firearms in Oregon have traversed state lines. This defeats defendant’s argument that his firearm possession was noncommercial and intrastate in [1103]*1103nature, as all firearms possessed in Oregon have, at minimum, a past connection to interstate commerce and thus fall within reach of § 922(g)(1). Therefore, the statute is constitutional facially and as applied to this defendant.

2. Tenth Amendment Analysis

Defendant next argues that § 922(g)(1) unconstitutionally usurps the States’ police powers, in violation of the Tenth Amendment.

However, the United States Supreme Court has held that where the Constitution delegates power to Congress, “the Tenth Amendment expressly disclaims any reservation of that power to the States.” New York v. United States, 505 U.S. 144, 156, 112 S.Ct. 2408, 120 L.Ed.2d 120 (1992). As explained above, the Ninth Circuit has expressly upheld § 922(g)(1) as a valid exercise of Congress’s Commerce Clause power. Hanna, 55 F.3d at 1462.

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Cite This Page — Counsel Stack

Bluebook (online)
857 F. Supp. 2d 1098, 2012 WL 787221, 2012 U.S. Dist. LEXIS 31963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ernst-ord-2012.