Opinion
21-10004-JWB
07-29-2021
UNITED STATES OF AMERICA, Plaintiff, v. TRAYON L. WILLIAMS, Defendant.
MEMORANDUM AND ORDER
JOHN W. BROOMES UNITED STATES DISTRICT JUDGE
This matter is before the court on Defendant's motion to dismiss the indictment. (Doc. 21.) The motion, as briefed, is ripe for decision. (Docs. 21 and 24.) For the reasons stated below, Defendant's motion is DENIED.
Defendant argues that 18 U.S.C. § 922(g)(1) is unconstitutional because “Congress exceeded its Commerce Clause power when it banned felons from possessing firearms ‘in or affecting commerce'” under the statute. (Doc. 21 at 2.) The government asserts that “circuit precedent across the federal spectrum uniformly rejects” Defendant's argument and cites case law finding as much from nearly every circuit in this country. (Doc. 24 at 2.) Indeed, Defendant concedes in his motion that this issue has already been decided against him and he is merely preserving the issue for appellate review. (Doc. 21 at 3.) After reviewing the case law, the court agrees this issue is foreclosed. See United States v. Dorris, 236 F.3d 582, 586 (10th Cir. 2000); see also (Doc. 24 at 2.) Accordingly, Defendant's motion (Doc. 21) is DENIED.
IT IS SO ORDERED.