United States v. Clontz ( 1996 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. No. 95-5550
BRIAN KEITH CLONTZ,
Defendant-Appellant.
Appeal from the United States District Court
for the Middle District of North Carolina, at Rockingham.
James A. Beaty, Jr., District Judge.
(CR-94-274)
Submitted: September 10, 1996
Decided: September 23, 1996
Before ERVIN, WILLIAMS, and MICHAEL, Circuit Judges.
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Affirmed by unpublished per curiam opinion.
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COUNSEL
Thomas N. Cochran, Assistant Federal Public Defender, Greensboro,
North Carolina, for Appellant. Walter C. Holton, Jr., United States
Attorney, Clifton T. Barrett, Assistant United States Attorney,
Greensboro, North Carolina, for Appellee.
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Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
OPINION
PER CURIAM:
Brian Keith Clontz, who was convicted of possession of a firearm
by a convicted felon in violation of 18 U.S.C.A.§ 922(g) (West Supp.
1996), attacks the constitutionality of his conviction on the ground
that Congress lacked power under the Commerce Clause to pass
§ 922(g). In support of this proposition, Clontz relies upon the recent
Supreme Court decision in 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. § 922(q)(1)(A)
(1988 & Supp. V 1993) (current version at 18 U.S.C.A. § 922(q)
(West Supp. 1996)), a provision in the Gun-Free School Zones Act
of 1990, making possession of a firearm within 1000 feet of a school
a federal offense. 63 U.S.L.W. at 4346-47. The Court struck down the
conviction in part because the statute "contains no jurisdictional ele-
ment which would ensure, through case-by-case inquiry, that the fire-
arm possession in question affects interstate commerce." Id. at 4347.
Unlike the statute at issue in Lopez, there is a jurisdictional element
in § 922(g). Section 922(g) requires that possession of the firearm
affect or have a link with interstate commerce. Lopez noted with
approval the nexus requirement found in the former 18 U.S.C.
§ 1202(a), the statute on which § 922(g) is patterned. 63 U.S.L.W. at
4347. Therefore, we agree with other circuits that have addressed this
issue, finding that Lopez did not invalidate§ 922(g). See United
States v. Abernathy, 83 F.3d 17, 20 (1st Cir. 1996); United States v.
Bell, 70 F.3d 495, 497 (7th Cir. 1995); United States v. Bolton, 68
F.3d 396, 400 (10th Cir. 1995); United States v. Mosby, 60 F.3d 454,
456 n.3 (8th Cir. 1995), cert. denied, #6D 6D6D# U.S. ___, 64 U.S.L.W. 3558(U.S. Feb. 20, 1996) (No. 95-7083); United States v. Hanna, 55 F.3d
1456, 1462 (9th Cir. 1995).
We therefore affirm the district court's judgment.* We dispense
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*Clontz was also convicted of theft of government property under 18
U.S.C.A. § 641 (West Supp. 1996). He does not challenge that convic-
tion on appeal.
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with oral argument because the facts and legal contentions are ade-
quately presented in the materials before the court and argument
would not aid the decisional process.
AFFIRMED
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