Summary
finding that the felon in possession statute doesn't violate the Second Amendment
Summary of this case from U.S. v. RadencichOpinion
No. 06-4082.
Submitted: July 30, 2008.
Filed: July 31, 2008.
Appeal from the United States District Court for the Western District of Missouri.
Ian A. Lewis, Asst. Fed. Public Defender, Springfield, MO (Raymond C. Conrad, Jr., Fed. Public Defender, Kansas City, MO, on the brief), for appellant.
Reginald Irish, Springfield, MO, pro se.
James J. Kelleher, Asst. U.S. Atty., Springfield, MO, for appellee.
Before WOLLMAN, SMITH, and GRUENDER, Circuit Judges.
[UNPUBLISHED]
Reginald Irish pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). The district court sentenced Irish to 77 months in prison and 3 years of supervised release. On appeal, Irish's counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and Irish has filed three pro se briefs. For the following reasons, we reject the arguments that they have raised.
The Honorable Richard E. Dorr, United States District Judge for the Western District of Missouri.
First, the Second Amendment does not bar laws prohibiting felons from possessing firearms. See Dist. of Columbia v. Heller, ___ U.S.___, 128 S.Ct. 2783, 2816-17, 171 L.Ed.2d 637 (2008). Second, Congress did not exceed its authority or violate the Commerce Clause when it enacted section 922(g). See United States v. Hill, 386 F.3d 855, 859 (8th Cir. 2004); United States v. Shepherd, 284 F.3d 965, 969 (8th Cir. 2002). Third, general federal criminal laws like section 922(g) apply nationwide. See Lewis v. United States, 523 U.S. 155, 171, 118 S.Ct. 1135, 140 L.Ed.2d 271 (1998). Last, the required nexus between a firearm and commerce is established by showing that the firearm at one time traveled in interstate commerce. See United States v. Leathers, 354 F.3d 955, 959 (8th Cir. 2004).
After reviewing the record independently under Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we have found no nonfrivolous issues. We grant counsel's motion to withdraw, and deny Irish's motions for appointment of new counsel and for a writ of habeas corpus ad testificandum. The judgment is affirmed.