United States v. Hall

47 F. App'x 830

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 19, 2002
• Docket: No. 01-30463; D.C. No. CR-01-60013-ALA
• Status: Published

Opinion

MEMORANDUM

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Wade Austin Hall appeals the sentence imposed following his guilty plea conviction to one count of being a felon in possession of a firearm, a violation of 18 U.S.C. § 922(g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742. We affirm.

Hall contends that 18 U.S.C. 922(g)(1) is an unconstitutional exercise of Congress’ authority under the Commerce Clause. This court has repeatedly rejected this contention, as well as Hall’s contention that United States v. Lopez, 514 U.S. 549, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995), United States v. Morrison, 529 U.S. 598, 120 S.Ct. 1740, 146 L.Ed.2d 658, (2000) and Jones v. United States, 529 U.S. 848, 120 S.Ct. 1904, 146 L.Ed.2d 902 (2000) impliedly overruled prior authority finding section 922(g) constitutional. See United States v. Rousseau, 257 F.3d 925, 932-33 (9th Cir.), cert. denied, — U.S. -, 122 S.Ct. 502, 151 L.Ed.2d 413 (2001); United States v. Davis, 242 F.3d 1162, 1162-63 (9th Cir.) (per curiam), cert. denied, — U.S. -, 122 S.Ct. 178, 151 L.Ed.2d 123 (2001); United States v. Hanna, 55 F.3d 1456, 1462 n. 2 (9th Cir.1995).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.