United States v. Ingraham ( 1997 )

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS JUN 10 1997
TENTH CIRCUIT PATRICK FISHER
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
No. 96-8079
(D.C. No. 96-CV-151-B &
v.
D.C. No. 91-CR-30 )
(Wyoming)
WILLIAM INGRAHAM,
Defendant-Appellant.
ORDER AND JUDGMENT *
Before SEYMOUR, Chief Judge, PORFILIO and MURPHY, Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of this
appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The cause is therefore ordered
submitted without oral argument.
William Ingraham was convicted of conspiracy to distribute methamphetamine in
violation of 21 U.S.C. § 841(a)(1). Mr. Ingraham filed a petition for habeas relief under
*
This order and judgment is not binding precedent, except under the doctrines of
law of the case, res judicata, and collateral estoppel. The court generally disfavors the
citation of orders and judgments; nevertheless, an order and judgment may be cited
under the terms and conditions of 10th Cir. R. 36.3.
28 U.S.C. § 2255, contending the federal court lacked subject matter jurisdiction
because the federal drug statutes do not constitute a valid exercise of congressional
power under the principles enunciated by the Supreme Court in United States v. Lopez,
514 U.S. 549 (1995). The district court dismissed the petition as frivolous. We have
held, post-Lopez, that the regulation of intrastate drug activity under the Comprehensive
Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 841(a)(1), implicates
interstate commerce and is thus a valid exercise of Congress’ power under the
Commerce Clause. United States v. Wacker, 72 F.3d 1453, 1475 (10th Cir. 1995), cert.
denied, 117 S. Ct. 136 (1996); accord United States v. Tucker, 90 F.3d 1135, 1140 (6th
Cir. 1996) (collecting cases).
We AFFIRM the district court’s dismissal of Mr. Ingraham’s petition as
frivolous.
ENTERED FOR THE COURT
Stephanie K. Seymour
Chief Judge
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