United States v. Cunningham, 161 F.3d 1343 (11th Cir. 1998). · Go Syfert
United States v. Cunningham, 161 F.3d 1343 (11th Cir. 1998). Cases Citing This Book View Copy Cite
189 citation events (173 in the last 25 years) across 11 distinct courts.
Strongest positive: United States v. Phillip Howard (ca11, 2026-01-07)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) United States v. Phillip Howard
11th Cir. · 2026 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir. 1998).
discussed Cited as authority (rule) United States v. William Christopher Dempsey (2×) also: Cited "see"
11th Cir. · 2022 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir. 1998).
cited Cited as authority (rule) United States v. David Wright
11th Cir. · 2021 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir. 1998).
cited Cited as authority (rule) United States v. Terry Cadet
11th Cir. · 2020 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir. 1998).
discussed Cited as authority (rule) Juana Santiago-Ajqui v. U.S. Attorney General
11th Cir. · 2019 · confidence medium
Sepulveda v. U.S. Attorney Gen., 401 F.3d 1226 , 1228 n.2 (11th Cir. 2005) (per curiam) (citing United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir. 1998)). 3 Santiago-Ajqui also applied for withholding of removal under the United Nationals Convention Against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment, 8 C.F.R. § 208.16 (c), which the IJ denied.
discussed Cited as authority (rule) Peter J. Nygard v. John J. Dipaolo
11th Cir. · 2018 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir. 1998). 6 This reasoning is equally applicable to Ms. Patricia Scandariato, a court reporter who recorded the statements made by Mr. Bullard in Miami, Florida. 14 Case: 17-12806 Date Filed: 10/10/2018 Page: 15 of 28 presence of most of the witnesses in this case.
cited Cited as authority (rule) Cassandra A. Matthews v. City of Mobile, Alabama
11th Cir. · 2017 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir. 1998). 6 .
cited Cited as authority (rule) United States v. Tidaesha v. Taylor
11th Cir. · 2014 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998).
cited Cited as authority (rule) United States v. Ihab Steve Barsoum
11th Cir. · 2014 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998). ii.
cited Cited as authority (rule) United States v. James Thomas Withrow
11th Cir. · 2014 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998).
cited Cited as authority (rule) United States v. George Arthur Farmer
11th Cir. · 2014 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998).
cited Cited as authority (rule) United States v. Winfred Addison Lee
11th Cir. · 2013 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998).
cited Cited as authority (rule) United States v. Steven Anthony Graham
11th Cir. · 2013 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998) (holding that when a defendant fails to offer argument on an issue, that issue is abandoned).
cited Cited as authority (rule) United States v. Kenneth Wingfield, Jr.
11th Cir. · 2012 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998).
discussed Cited as authority (rule) United States v. McGarity (2×)
11th Cir. · 2012 · confidence medium
While White's failure to do the same could be construed as an abandonment of the claim, United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998) (finding defendant had abandoned basis for appeal when he failed to raise the issue), we find no such abandonment here.
discussed Cited as authority (rule) United States v. Efren Mendez (2×) also: Cited "see"
11th Cir. · 2011 · confidence medium
The district court referred to this activity as “the execution and the concealment of the disposition of the funds,” which it considered to be part of the overall scheme because “the fraud stops where the money ends.” Mendez does not argue on appeal that the district court erred in considering these facts as part of its sophisticated-means analysis. *939 See United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998) (holding that issues not raised on appeal are abandoned).
cited Cited as authority (rule) United States v. Cole
11th Cir. · 2011 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998).
cited Cited as authority (rule) United States v. Abraham Rene Arango
11th Cir. · 2010 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Patrick Zamore
11th Cir. · 2010 · confidence medium
Zamore does not argue that his sentence was procedurally unreasonable; therefore, we deem any such challenge abandoned. 1 See United States v. Cunningham, 161 F.3d 1343, 1344 (11th *622 Cir.1998) (issue not pursued on appeal deemed abandoned).
cited Cited as authority (rule) United States v. Corey Albertie
11th Cir. · 2010 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998).
cited Cited as authority (rule) United States v. Osvaldo Piedra
11th Cir. · 2010 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Travis L. Williams
11th Cir. · 2010 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998) Here, the district court did not clearly err in crediting Smith’s testimony that he saw the butt of a gun sticking out of Williams’s jeans pocket.
discussed Cited as authority (rule) United States v. Beverly Edmondson
11th Cir. · 2009 · confidence medium
In this respect, Edmondson has abandoned her argument, raised below, that Nosrati-Shamloo is distinguishable on the ground that, unlike the defendant in that case, she was a mere "courier” or “runner.” See United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998) (stating that arguments not raised on appeal are abandoned). 2 .
cited Cited as authority (rule) United States v. Isabel Tepale De La Rosa
11th Cir. · 2009 · confidence medium
Because a defendant abandons an issue by not arguing it on appeal, United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998), De La Rosa has abandoned any challenges to Counts 1, 2, or 4. 2 .
cited Cited as authority (rule) United States v. Albert Bruce Singletary
11th Cir. · 2009 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998).
cited Cited as authority (rule) Brett Renslow v. Capital One Services, Inc.
11th Cir. · 2009 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998).
cited Cited as authority (rule) Harris v. United Automobile Insurance Group
11th Cir. · 2009 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir. 1998).
cited Cited as authority (rule) Smith v. Secretary, Dept. of Corrections
11th Cir. · 2009 · confidence medium
See Zivojinovich v. Earner, 525 F.3d 1059, 1062 n. 1 (11th Cir.2008); United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir. 1998). 9 .
cited Cited as authority (rule) Catherine Armbrester v. Talladega City Board of Ed
11th Cir. · 2009 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998). 4 .
cited Cited as authority (rule) United States v. Arnaldo Guzman
11th Cir. · 2009 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998) (stating that arguments not raised on appeal are abandoned).
cited Cited as authority (rule) United States v. Shawn Demetrius Croskey
11th Cir. · 2009 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998) (arguments not raised on appeal are abandoned).
cited Cited as authority (rule) United States v. Steed
11th Cir. · 2008 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998) (arguments not raised on appeal are abandoned).
cited Cited as authority (rule) United States v. Michelle Johnson
11th Cir. · 2008 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Rodagus Thomas (2×) also: Cited "see"
11th Cir. · 2008 · confidence medium
See Patti, 337 F.3d at 1320 ; United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998) (holding, in a counseled case, that an issue is abandoned when a defendant fails to offer an argument on that issue on appeal).
cited Cited as authority (rule) United States v. Ronaldo Eguia Lara
11th Cir. · 2007 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998).
cited Cited as authority (rule) United States v. Julio Luis Ortega
11th Cir. · 2007 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Leslie Perkins (2×) also: Cited "see"
11th Cir. · 2006 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998).
cited Cited as authority (rule) United States v. Tracy Topaz Turner
11th Cir. · 2006 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998).
cited Cited as authority (rule) United States v. Tracy Harris
11th Cir. · 2006 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Luis Alberto Riascos Valencia
11th Cir. · 2006 · confidence medium
Ct. 1484, 155 L.Ed.2d 231 (2003); United States v. Cunningham, 161 F.3d 1343, 1345 (11 Cir.1998). 46 App. U.S.C. § 1903(a) provides, “[i]t is unlawful for any person ... on board a vessel subject to the jurisdiction of the United States ... to knowingly or intentionally manufacture or distribute, or to possess with the intent to manufacture or distribute, a controlled substance.” Section 1903(f) provides, “[a]ll jurisdictional issues arising under this chapter are preliminary questions of law to be determined solely by the trial judge”.
cited Cited as authority (rule) United States v. Jaime William Gutierrez
11th Cir. · 2006 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998).
cited Cited as authority (rule) United States v. Antonio Ruff
11th Cir. · 2005 · confidence medium
United States v. Cunningham, 161 F.3d 1343, 1345 (11th Cir.1998).
discussed Cited as authority (rule) Joana C. Sepulveda v. U.S. Atty. Gen.
11th Cir. · 2005 · confidence medium
When an appellant fails to offer argument on an issue, that issue is abandoned See United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998); see also Greenbriar, Ltd. v. City of Alabaster, 881 F.2d 1570 , 1573 n. 6 (11th Cir.1989) (stating that passing references to issues are insufficient to raise a claim for appeal, and such issues are deemed abandoned). 3 The National Liberation Army, or ELN, is one of Colombia's two major guerilla groups 4 The State Department's 1999 Country Report on Human Rights Practices for Colombia described this kidnaping as the abduction of 170 people from L…
cited Cited as authority (rule) United States v. William Andrew Scott
11th Cir. · 2001 · confidence medium
See id.; see also United States v. Reynolds, 215 F.3d 1210 , 1215 (11th Cir.2000) (per curiam); United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998).
cited Cited as authority (rule) United States v. Myron Dupree
11th Cir. · 2001 · confidence medium
We choose to address his claims, and “review [the] constitutional challenge to section 922(g)[] as a question of law, de novo.” United States v. Cunningham, 161 F.3d 1343, 1345 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Bunnell
D. Me. · 2000 · confidence medium
See United States v. Bostic, 168 F.3d 718, 722-24 (4th Cir.1999) (§ 922(g)(8) constitutional under the Commerce Clause and the Fifth and Tenth Amendments), cert. denied, 527 U.S. 1029 , 119 S.Ct. 2383 , 144 L.Ed.2d 785 (1999); United States v. Cunningham, 161 F.3d 1343, 1345-47 (11th Cir.1998)(Court rejected a Commerce Clause challenge to § 922(g)(8), finding it constitutional on its face); United States v. Wilson, 159 F.3d 280, 284-89 (7th Cir.1998)(§ 922(g)(8) constitutional under the Commerce Clause and the Fifth and Tenth Amendments), cert. denied, 527 U.S. 1024 , 119 S.Ct. 2371 , 144 L…
discussed Cited as authority (rule) United States v. Stephen Gene Reynolds
11th Cir. · 2000 · confidence medium
While a knowing and voluntary guilty plea waives the right to appeal all nonjursidictional challenges to a conviction, see United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir. 1998), a guilty plea does not bar an appeal that raises a jurisdictional question.
discussed Cited as authority (rule) United States v. Stephen Gene Reynolds
11th Cir. · 2000 · confidence medium
While a knowing and voluntary guilty plea waives the right to appeal all nonjurisdictional challenges to a conviction, see United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998), a guilty plea does not bar an appeal that raises a jurisdictional question.
discussed Cited as authority (rule) United States v. Jim Edd Baker
6th Cir. · 1999 · confidence medium
See United States v. Bostic, 168 F.3d 718, 722 (4th Cir.1999); United States v. Cunningham, 161 F.3d 1343, 1345 (11th Cir.1998); United States v. Wilson, 159 F.3d 280, 287 (7th Cir.1998); United States v. Pierson, 139 F.3d 501, 503 (5th Cir. 1998). 5 .
cited Cited as authority (rule) United States v. Douglas K. Myers
8th Cir. · 1999 · confidence medium
Cir. Apr. 16, 1999) (§ 922(g)(9)); United States v. Cunningham, 161 F.3d 1343, 1345-47 (11th Cir. 1998) (§ 922(g)(8)).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Ivan Russell CUNNINGHAM, Defendant-Appellant
97-3419.
Court of Appeals for the Eleventh Circuit.
Dec 4, 1998.
161 F.3d 1343
Gary L. Printy, Tallahassee, FL, for Defendant-Appellant., Anthony J. Jenkins, Asst. U.S. Atty., Tallahassee, FL, William Wagner, Asst. U.S. Atty., Gainesville, FL, for Plaintiff-Appellee.
Hatchett, Marcus, Kravitch.
Cited by 152 opinions  |  Published
KRAVITCH, Senior Circuit Judge:

This appeal requires us to decide whether Congress exceeded its authority under the Commerce Clause when it enacted 18 U.S.C. § 922(g)(8), which renders it unlawful for any person who is subject to a protective order that prohibits domestic violence to “possess in or affecting commerce ... any firearm.” We hold that section 922(g)(8) is constitutional, and AFFIRM the defendant’s conviction.

I.

On September 16, 1996, a Florida circuit judge, in Florida’s Second Judicial Circuit, entered an “injunction against repeat violence” that enjoined Ivan Russell Cunningham from assaulting or contacting Debra Gilman. On October 6,1996, an officer of the Tallahassee Police Department found a firearm in Cunningham’s car. After a federal grand jury indicted Cunningham, he filed a motion to dismiss the indictment on the ground that section 922(g)(8) was an unconstitutional exercise of Congress’s Commerce Clause authority. The district court denied Cunningham’s motion, and he entered a conditional plea of guilty.

II.

As a condition of his guilty plea, Cunningham reserved the right to appeal only whether section 922(g)(8) required him to know that his possession of the firearm violated federal law. Nevertheless, because Cunningham has offered no argument on this issue on appeal, we find that he has abandoned it. See Cross v. United States, 893 F.2d 1287, 1289 n. 4 (11th Cir.1990). By virtue of his knowing and voluntary guilty plea, [1] Cunningham waived the right to appeal all other nonjurisdictional challenges to his conviction that arose prior to his plea. See United States v. Tomeny, 144 F.3d 749, 751 (11th Cir.1998). As a result, we will not address Cunningham’s argument that an “injunction against repeat violence” under Florida law does not qualify as an order implicating an “intimate partner” as section 922(g)(8)(C) requires. A guilty plea, however, does not bar an appeal that raises a jurisdictional question. See Tomeny, 144 F.3d at 751. Accordingly, we now turn to the merits of Cunningham’s challenge to section 922(g)(8).

[*1345] III.

Cunningham contends that Congress exceeded its authority under the Commerce Clause when it enacted section 922(g)(8), which provides:

It shall be unlawful for any person—
(8) who is subject to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury;
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

Cunningham relies upon the Supreme Court’s decision in United States v. Lopez, 514 U.S. 549, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995), which held that 18 U.S.C. § 922(q), a related statutory provision that outlawed the possession of guns in school zones, was an unconstitutional exercise of Congress’s authority to regulate interstate commerce. We review Cunningham’s constitutional challenge to section 922(g)(8) as a question of law, de novo. See United States v. Dascenzo, 152 F.3d 1300, 1301 (11th Cir.1998).

In Lopez, the Court identified “three broad categories of activity that Congress may regulate under its commerce power,” 514 U.S. at 558, 115 S.Ct. at 1629: (1) Congress “may regulate the use of the channels of interstate commerce,” id.; (2) Congress may “regulate and protect the instrumentalities of interstate commerce, or persons or things in interstate commerce, even though the threat may come only from intrastate activities,” id.; and (3) Congress may “regulate those activities ... that substantially affect interstate commerce,” id. at 558-59, 115 S.Ct. at 1629-30. After observing that the regulation of the mere intrastate possession of a firearm could not be considered regulation of a channel or instrumentality of interstate commerce, the Court reviewed section 922(q) to determine if it regulated an activity substantially affecting interstate commerce. See id. at 559, 115 S.Ct. at 1630. The Court concluded that section 922(q) “by its terms has nothing to do with ‘commerce’ or any sort of economic enterprise, however broadly one might define those terms,” id. at 560, 115 S.Ct. at 1630-31, and accordingly decided that intrastate possession of a firearm in a school zone does not substantially affect interstate commerce, id. at 567, 115 S.Ct. at 1634. In so concluding, the Court observed that section 922(q) “contains no jurisdictional element which would ensure, through case-by-case inquiry, that the firearm possession in question affects interstate commerce.” Id. at 561, 115 S.Ct. at 1631; see id. at 562, 115 S.Ct. at 1631 (“Unlike the statute in [United States v. Bass, 404 U.S. 336, 92 S.Ct. 515, 30 L.Ed.2d 488 (1971), which made it a crime for a felon to ‘receivfe], posses[s], or transport] in commerce or affecting commerce ... any firearm’], § 922(q) has no express jurisdictional element which might limit its reach to a discrete set of firearm possessions that additionally have an explicit connection with or effect on interstate commerce.”).

Unlike the provision invalidated in Lopez, however, section 922(g)(8) contains an explicit jurisdictional element: Congress limited the proscriptive reach of section 922(g)(8) to possession of firearms “in or affecting commerce.” Although we have “rejected the argument that Lopez requires Congress to place a jurisdictional element in every statute enacted pursuant to the Commerce Clause ...United States v. Wright, 117 F.3d 1265, 1269 (11th Cir.) (emphasis added) (citing[*1346] United States v. Olin Corp., 107 F.3d 1506, 1510 (11th Cir.1997)), cert. denied, - U.S. -, 118 S.Ct. 584, 139 L.Ed.2d 422 (1997), vacated in part on other grounds, 133 F.3d 1412 (11th Cir.1998), a statute regulating noneconomic activity necessarily satisfies Lopez if it includes a “jurisdictional element which would ensure, through case-by-case inquiry,” Lopez, 514 U.S. at 561, 115 S.Ct. at 1631, that the defendant’s particular offense affects interstate commerce, see Olin, 107 F.3d at 1509 (“Congress can maintain the constitutionality of its statutes under [the substantial effect standard] by including in each a ‘jurisdictional element....’”).

In United States v. McAllister, 77 F.3d 387, 390 (11th Cir.), cert. denied, - U.S. -, 117 S.Ct. 262, 136 L.Ed.2d 187 (1996), we upheld against a Commerce Clause challenge 18 U.S.C. § 922(g)(1), which prohibits possession of a firearm by “any person ... who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year,” precisely because Congress included in the statute the same jurisdictional element that is at issue in this case. See id. (“§ 922(g) makes it unlawful for a felon to ‘possess in or affecting commerce[ ] any firearm or ammunition.’ This jurisdictional element defeats McAllis-ter’s facial challenge to the constitutionality of § 922(g)(1).”) (internal citation omitted). See also United States v. Nichols, 124 F.3d 1265, 1266 & n. 2 (11th Cir.1997) (applying McAllister and noting that the decision remains good law) (per curiam), cert. denied, — U.S. -, 118 S.Ct. 1096, 140 L.Ed.2d 151 (1998). We follow McAllister and conclude that the jurisdictional element in section 922(g), which applies to both section 922(g)(1) and section 922(g)(8), defeats Cunningham’s facial challenge to the constitutionality of section 922(g)(8).

Although our decision resolves a question of first impression in this Circuit, our conclusion that Congress acted within its authority under the Commerce Clause when it enacted section 922(g)(8) is not unique. Since our decision in McAllister, we have upheld a number of federal statutes in the face of Commerce Clause challenges by relying on Congress’s inclusion of a jurisdictional element that ensures the requisite nexus with interstate commerce on a ease-by-case basis. See, e.g., Belflower v. United States, 129 F.3d 1459, 1461-62 (11th Cir.1997) (upholding 18 U.S.C. § 844(i) against a Lopez challenge and collecting cases rejecting Commerce Clause challenges to various federal statutes). Moreover, the only other two federal circuits that have considered the constitutionality of section 922(g)(8) have concluded that it falls within Congress’s Commerce Clause authority because the jurisdictional provision sufficiently limits the section to cases involving interstate commerce. See United States v. Wilson, 159 F.3d 280 (7th Cir.1998); United States v. Pierson, 139 F.3d 501, 503 (5th Cir.), cert. denied, — U.S. -, 119 S.Ct. 220, 142 L.Ed.2d 181 (1998).

Cunningham concedes that the firearm that the Tallahassee Police Department found in his possession had traveled in interstate commerce. We have held that no more is required to satisfy the jurisdictional limitations of section 922(g). [2] See McAllister, 77 F.3d at 390 (relying on Scarborough v. United States, 431 U.S. 563, 575, 97 S.Ct. 1963, 1969, 52 L.Ed.2d 582 (1977), for the proposition that “the interstate nexus requirement for the predecessor statute to § 922(g) was met once the government demonstrated that the gun had previously travelled in interstate commerce”); see also Wilson, 159 F.3d at 287 (“[T]he government need only prove ‘a prior movement of the firearm across state lines’ to satisfy the jurisdictional element [of section 922(g) ] and the Commerce Clause.”) (quoting United States v. Lewis, 100 F.3d 49, 51-52 (7th Cir.1996)); Pierson, 139 F.3d at 503-04 (“[T]he ‘in or affecting’ commerce element [of section 922(g)] can be satisfied if the illegally possessed firearm had previously traveled in interstate commerce.”) (citing United States v. Rawls, 85 F.3d 240, 242 (5th Cir.1996), and Scarborough, 431 U.S. at 575, 97 S.Ct. at 1969).

[*1347] Accordingly, we hold that section 922(g)(8) is a constitutional exercise of Congress’s power under the Commerce Clause and that its application to Cunningham is constitutional as well. We AFFIRM Cunningham’s con: viction.

1

. Of course, the rule that a defendant’s guilty plea waives all prior nonjurisdictional claims on appeal depends on the knowing and voluntary nature of the plea. See United States v. Pierre, 120 F.3d 1153, 1156-57 (11th Cir.1997).

2

. Moreover, in United States v. Viscome, 144 F.3d 1365, 1370 (11th Cir.), cert denied,-U.S.-, 119 S.Ct. 362, 142 L.Ed.2d 299 (1998), we held that a similar as-applied challenge to the sufficiency of the government’s evidence on the connection with commerce was nonjurisdictional, and that a defendant’s guilty plea, therefore, waived the issue on appeal.