United States v. Ivory Mosby, Also Known as Rafiz Zareef Muhaymin, 60 F.3d 454 (8th Cir. 1995). · Go Syfert
United States v. Ivory Mosby, Also Known as Rafiz Zareef Muhaymin, 60 F.3d 454 (8th Cir. 1995). Cases Citing This Book View Copy Cite
61 citation events (18 in the last 25 years) across 14 distinct courts.
Strongest positive: United States v. Wesley Wyatt (ca8, 2017-04-04)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Wesley Wyatt
8th Cir. · 2017 · quote attribution · 1 verbatim quote · confidence high
the phrase 'in or affecting commerce' is a term of art that indicates a congressional intent to invoke the full extent of its commerce power.
discussed Cited as authority (verbatim quote) United States v. Keith Crenshaw
8th Cir. · 2004 · signal: see · quote attribution · 1 verbatim quote · confidence high
the phrase 'in or affecting commerce' is a term of art that indicates a congressional intent to invoke the full extent of its commerce power.
discussed Cited as authority (rule) United States v. Emily Hari
8th Cir. · 2023 · confidence medium
In response to Lopez, Congress amended 18 U.S.C. § 247 to add a jurisdictional element in § 247(b): “(b) The circumstances referred to in subsection (a) are that the offense is in or affects interstate or foreign commerce.” It is well established that the statutory phrase, “in or affects interstate or foreign commerce,” is a “term of art that indicates a congressional intent to invoke the full extent of its commerce powers.” United States v. Mosby, 60 F.3d 454, 456 (8th Cir. 1995).
discussed Cited as authority (rule) United States v. Leonard Hill
8th Cir. · 2016 · confidence medium
In United States v. Mosby, the, defendant was a convicted felon charged with being a felon in possession of ammunition in violation of 18 U.S.C. § 922 (g) for possessing assembled cartridges manufactured in Minnesota but which were comprised of components manufactured out-of-state. 60 F.3d 454, 457 (8th Cir. 1995).
discussed Cited as authority (rule) United States v. Ivory Mosby
8th Cir. · 2013 · confidence medium
The district court granted Mosby’s motion, but we reversed, United States v. Mosby, 60 F.3d 454, 457 (8th Cir.1995), holding that the interstate requirement of § 922(g)(1) had been satisfied because “[a]t least some of the[] components” of the ammunition had been manufactured in other states.
discussed Cited as authority (rule) United States v. Minnifield (2×)
D.N.D. · 2008 · confidence medium
Id. at 790 (citing United States v. Mosby, 60 F.3d 454, 456, n. 3 (8th Cir.1995)).
discussed Cited as authority (rule) United States v. Jimmy Lee Stuckey, Jr.
8th Cir. · 2001 · confidence medium
See United States v. Holman, 197 *530 F.3d 920, 921 (8th Cir.1999); United States v. Crawford, 130 F.3d 1321 , 1322 n. 1 (8th Cir.1997); United States v. Barry, 98 F.3d 373, 378 (8th Cir.1996); United States v. Bates, 77 F.3d 1101, 1104 (8th Cir.1996); United States v. Shelton, 66 F.3d 991, 992 (8th Cir.1995); United States v. Rankin, 64 F.3d 338, 339 (8th Cir.1995); United States v. Mosby, 60 F.3d 454, 456-57 (8th Cir.1995).
discussed Cited as authority (rule) United States v. Jimmy L. Stuckey, Jr
8th Cir. · 2001 · confidence medium
See United States v. Holman, 197 F.3d 920, 921 (8th Cir. 1999); United States v. Crawford, 130 F.3d 1321 , 1322 n.1 (8th Cir. 1997); United States v. Barry, 98 F.3d 373, 378 (8th Cir. 1996); United States v. Bates, 77 F.3d 1101, 1104 (8th Cir. 1995); United States v. Shelton, 66 F.3d 991, 992 (8th Cir. 1995); United States v. Rankin, 64 F.3d 338, 339 (8th Cir. 1995); United States v. Mosby, 60 F.3d 454, 456-57 (8th Cir. 1995).
cited Cited as authority (rule) United States v. Gresham
5th Cir. · 1997 · confidence medium
See United States v. Verna, 113 F.3d 499, 502-03 (4th Cir. 1997); United States v. Mosby, 60 F.3d 454, 456-57 (8th Cir. 1995), cert. denied, 116 S. Ct. 938 (1996).
discussed Cited as authority (rule) United States v. Roger Eugene Gresham (2×)
5th Cir. · 1997 · confidence medium
See United States v. Verna, 113 F.3d 499, 502-03 (4th Cir.1997); United States v. Mosby, 60 F.3d 454, 456-57 (8th Cir.1995), cert. denied, — U.S. -, 116 S.Ct. 938 , 133 L.Ed.2d 864 (1996).
discussed Cited as authority (rule) United States v. Raymond J. Blais
1st Cir. · 1996 · confidence medium
See United States v. McAllister, 77 F.3d 387, 390 (11th Cir.1996) (stating that “[njothing in López suggests that the ‘minimal nexus’ test should be changed”); United States v. Sorrentino, 72 F.3d 294, 296-97 (2d Cir.1995); United States v. Bell, 70 F.3d 495, 497-98 (7th Cir.1995); United States v. Hinton, 69 F.3d 534 , 1995 WL 623876 (per curiam) (unpublished decision 4th Cir.1995), cert. denied, - U.S. -, 116 S.Ct. 1026 , 134 L.Ed.2d 104 (1996); United States v. Bolton, 68 F.3d 396, 400 (10th Cir.1995), cert. denied, - U.S. -, 116 S.Ct. 966 , 133 L.Ed.2d 887 (1996); United States v.…
discussed Cited as authority (rule) United States v. Felix Garcia
2d Cir. · 1996 · confidence medium
See also United States v. Rawls, 85 F.3d 240, 242 (5th Cir.1996) (per curiam); United States v. Gateward, 84 F.3d 670, 671-72 (3d Cir.1996); United States v. Bates, 77 F.3d 1101, 1104 (8th Cir.1996); United States v. Bradford, 78 F.3d 1216, 1223 (7th Cir.), cert. denied, — U.S. -, 116 S.Ct. 1581 , — L.Ed.2d - (1996); United States v. Bell, 70 F.3d 495, 497-98 (7th Cir.1995); United States v. Bolton, 68 F.3d 396, 400 (10th Cir.1995), cert. denied, — U.S. -, 116 S.Ct. 966 , 133 L.Ed.2d 887 (1996); United States v. Shelton, 66 F.3d 991, 992 (8th Cir.1995) (per curiam), cert. denied, — U.S…
discussed Cited as authority (rule) United States v. Vernon Hayes
6th Cir. · 1996 · signal: cf. · confidence medium
Cf. United States v. Mosby, 60 F.3d 454, 457 (8th Cir.1995) (holding that federal commerce power extends to the regulation of ammunition, assembled within the state of the crime, but consisting of component parts from out of state), cert. denied, 116 S.Ct. 938 (1996).
cited Cited as authority (rule) United States v. Phillip Wilson Bates
8th Cir. · 1996 · confidence medium
United States v. Mosby, 60 F.3d 454, 455 (8th Cir.1995), cert. denied, - U.S. -, 116 S.Ct. 938 , 133 L.Ed.2d 864 (1996).
discussed Cited as authority (rule) United States v. McAllister
11th Cir. · 1996 · confidence medium
See United States v. Sorrentino, 72 F.3d 294, 296-97 (2d.Cir.1995); United States v. Bell, 70 F.3d 495, 498 (7th Cir. 1995); United States v. Rankin, 64 F.3d 338, 339 (8th Cir.), cert. denied, - U.S. -, 116 S.Ct. 577 , 133 L.Ed.2d 500 (1995); United States v. Mosby, 60 F.3d 454, 456 (8th Cir.1995); United States v. Hanna, 55 F.3d 1456 , 1462 n. 2 (9th Cir.1995). 4 .
cited Cited as authority (rule) United States v. Phillip W. Bates
8th Cir. · 1996 · confidence medium
United States v. Mosby, 60 F.3d 454, 455 (8th 4 Cir. 1995), petition for cert. filed on Dec 4, 1995 (No. 95-7053).
discussed Cited as authority (rule) United States v. Luciano Sorrentino
2d Cir. · 1995 · confidence medium
See United States v. Bell, 70 F.3d 495, 497-98 (7th Cir. *297 1995); United States v. Hinton, No. 95-5095, 1995 WL 623876 (4th Cir. Oct. 25, 1995); United States v. Shelton, 66 F.3d 991 (8th Cir.1995); United States v. Mosby, 60 F.3d 454, 456 (8th Cir.1995); United States v. Hanna, 55 F.3d 1456 , 1462 n. 2 (9th Cir.1995); United States v. Bolton, 68 F.3d 396, 400 (10th Cir.1995).
discussed Cited as authority (rule) United States v. Williams
S.D.W. Va · 1995 · confidence medium
The relationship between the possession of a firearm and interstate commerce can also be proven if the gun was manufactured in another state.” See also United States v. Mosby, 60 F.3d 454, 456 (8th Cir.1995) (“Although the recent Supreme Court decision in [Lopez ] limits Congress’s exercise of its commerce power, that power remains broad enough to support application of § 922(g)[.]”); United States v. Tripp, 1995 WL 417591 , *3 (N.D.Ill.1995) (“[T]he fact that the possessed firearm travelled in interstate commerce is sufficient to satisfy the Commerce Clause.”).
cited Cited "see" United States v. Joe Howard
8th Cir. · 2005 · signal: see · confidence high
See United States v. Mosley, 60 F.3d 454, 455 (8th Cir. 1995).
discussed Cited "see" United States v. Keith Bernard Crenshaw, United States of America v. Kamil Hakeem Johnson, United States of America v. Timothy Kevin McGruder
8th Cir. · 2004 · signal: see · confidence high
See United States v. Mosby, 60 F.3d 454, 456 (8th Cir.1995) (“The phrase ‘in or affecting commerce’ is a term of art that indicates a congressional intent to invoke the full extent of its commerce power.”).
discussed Cited "see" United States v. Ivory Mosby (2×)
8th Cir. · 1996 · signal: see · confidence high
See Mosby I, 60 F.3d at 457 .
cited Cited "see" United States v. Ivory Mosby, Also Known as Rafiq Zareef Muhaymin
8th Cir. · 1996 · signal: see · confidence high
See United States v. Mosby, 60 F.3d 454, 457 (8th Cir.1995), cert. denied, — U.S. -, 116 S.Ct. 938 , 133 L.Ed.2d 864 (1996).
discussed Cited "see" United States v. Rickey Jack Fletcher
4th Cir. · 1996 · signal: see · confidence high
See United States v. Mosby, 60 F.3d 454, 456 (8th Cir.1995), cert. denied, --- U.S. ----, 64 U.S.L.W. 3558 (U.S. Feb. 20, 1996) (No. 95-7053); United States v. Hanna, 55 F.3d 1456 , 1462 n. 2 (9th Cir.1995) 2 United States Sentencing Commission, Guidelines Manual (Nov.1994)
discussed Cited "see" United States v. Fletcher
4th Cir. · 1996 · signal: see · confidence high
See United States v. Mosby, 60 F.3d 454, 456 (8th Cir. 1995), cert. denied, ___ U.S. ___, 64 U.S.L.W. 3558 (U.S. Feb. 20, 1996) (No. 95-7053); United States v. Hanna, 55 F.3d 1456 , 1462 n.2 (9th Cir. 1995). 2 United States Sentencing Commission, Guidelines Manual (Nov. 1994). 2 We dispense with oral argument because the facts and legal conten- tions are adequately presented in the record and briefs, and oral argu- ment would not aid the decisional process.
cited Cited "see" United States v. Antoine Lamonte Mobley
4th Cir. · 1996 · signal: see · confidence high
See United States v. Mosby, 60 F.3d 454, 456 (8th Cir.1995); United States v. Hanna, 55 F.3d 1456, 1462 (9th Cir.1995). 3 We find the logic of the Eighth and Ninth Circuit decisions persuasive.
cited Cited "see" United States v. Mobley
4th Cir. · 1996 · signal: see · confidence high
See United States v. Mosby, 60 F.3d 454, 456 (8th Cir. 1995); United States v. Hanna, 55 F.3d 1456, 1462 (9th Cir. 1995).
cited Cited "see" United States v. Frank Lathan Hinton
4th Cir. · 1995 · signal: see · confidence high
See United States v. Mosby, 60 F.3d 454, 456 (8th Cir.1995); United States v. Hanna, 55 F.3d 1456, 1462 (9th Cir.1995).
cited Cited "see" United States v. John W. Bolton, A/K/A Gino
10th Cir. · 1995 · signal: accord · confidence high
Accord United States v. Mosby, 60 F.3d 454, 456 (8th Cir.1995).
cited Cited "see" United States v. Frank Robinson
8th Cir. · 1995 · signal: see · confidence high
See United States v. Mosby, 60 F.3d 454, 456 (8th Cir.1995).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellant,
v.
Ivory MOSBY, Also Known as Rafiz Zareef Muhaymin, Appellee
95-1510.
Court of Appeals for the Eighth Circuit.
Sep 8, 1995.
60 F.3d 454
Kenneth Wayne Saffold, Minneapolis, MN, argued (David L. Lillehaug, U.S. Atty., on the brief), for appellant., Daniel M. Scott, Minneapolis, MN, argued (Virginia G. Villa, Minneapolis, MN, on the brief), for appellee.
Bowman, Magill, Loken.
Cited by 42 opinions  |  Published
MAGILL, Circuit Judge.

This is an appeal by the United States from a judgment of acquittal. Ivory Mosby, now known as Rafiz Zareef Muhaymin, was charged with violating 18 U.S.C. § 922(g)(1)[*455] by “possess[ing], in or affecting commerce, ... ammunition” after he had been convicted of a felony. Because we find that the district court misconstrued § 922(g)(1) by imposing an unjustified limitation on the type of “commerce” that Mosby’s possession must be “in or affecting,” we reverse and remand for entry of judgment on the jury’s verdict.

I. BACKGROUND

The parties are in agreement as to the facts. Mosby is a convicted felon. He was found in Minnesota in possession of eighty-nine .44 caliber Remington Peters cartridges that were manufactured in Minnesota from out-of-state components, and he was charged with violating 18 U.S.C. § 922(g)(1), which provides:

It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
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.

Mosby went to trial and a jury returned a guilty verdict. Mosby then moved for judgment of acquittal on the basis that the government had failed to prove that he possessed ammunition “in or affecting commerce.” The district court granted Mosby’s motion, and the government timely appeals.

II. DISCUSSION

This case differs from the typical prosecution under § 922(g). In the typical ease, there is evidence that the ammunition or firearm is manufactured out-of-state, from which it is inferred that it traveled in interstate commerce from its out-of-state point of manufacture to the in-state point of possession. This circuit has repeatedly held evidence of this type to be sufficient to establish the interstate commerce element necessary to sustain a § 922(g) conviction. See, e.g., United States v. Washington, 17 F.3d 230, 232-33 (8th Cir.) (expert testimony that weapon labeled “Central Arms Company, St. Louis, Missouri” was manufactured outside Missouri for sale to Shapley Hardware in St. Louis, which used label, and that no arms have been manufactured in Missouri, and opinion that firearm was manufactured outside Missouri sufficient to establish interstate commerce element where possession occurred in Missouri), cert. denied, — U.S. -, 115 S.Ct. 153, 130 L.Ed.2d 92 (1994); United States v. Cox, 942 F.2d 1282, 1286 (8th Cir.1991) (testimony that weapon was manufactured by Colt, which does not manufacture weapons in Missouri, sufficient to establish interstate commerce element where possession occurred in Missouri), cert. denied, 503 U.S. 921, 112 S.Ct. 1298, 117 L.Ed.2d 520 (1992); United States v. Rodriguez, 915 F.2d 397, 399 (8th Cir.1990) (purchase in California of gun manufactured in Michigan sufficient to establish interstate commerce element where possession occurred in North Dakota); United States v. Roberts, 859 F.2d 593, 594-95 (8th Cir.1988), cert. denied, 489 U.S. 1059, 109 S.Ct. 1327, 103 L.Ed.2d 595 (1989). However, the cartridges possessed by Mosby were both manufactured and possessed entirely within the State of Minnesota.

The parties have identified, and we have discovered, only one ease involving a prosecution under this section where the charged possession and manufacture occurred entirely within a single state. United States v. Travisano, 724 F.2d 341 (2d Cir.1983), was a prosecution under the firearms portion of § 1202, the predecessor of § 922(g)(1). In Travisano, the district court dismissed the count of the indictment that charged a violation of § 1202 on the basis that the required nexus to interstate commerce was lacking. In Travisano, the previously-convicted felon possessed, in Connecticut, a shotgun that was manufactured in Connecticut. The government “conceded that it cannot establish that the firearm travelled in interstate commerce after its manufacture.” Id. at 347. The government sought remand for a hearing on the issue whether the process of manufacturing the shotgun affected commerce. The Second Circuit affirmed the dismissal of the § 1202 charge and refused to remand the case for the hearing sought by the govern[*456] ment because Travisano did not possess the shotgun “in or affecting commerce in previously manufactured shotguns,” and nothing produced at the hearing could affect this determination.

The government purports to distinguish Travisano on the basis that Travisano involved a firearm whereas this prosecution involves ammunition. According to the government, Travisano is inapposite because the definition of “firearm” contained in § 1202(c)(3), now § 921(a)(3), [1] is narrower than the definition of ammunition in that the definition of “firearm” does not include firearm components that are not themselves capable of expelling a projectile whereas the definition of ammunition is not similarly restricted. We reject the government’s proposed distinction for two reasons. First, the government misreads § 1202(c)(3)’s definition of “firearm.” The limitation identified by the government is found only in the first clause of the definition. The limitation is omitted from the latter clauses, and does not appear to modify them. Moreover, even if the definition of “firearm” does not include all components as the government claims, it certainly includes some components of the firearm (namely, the receiver and the frame). The definition of “ammunition” found in § 921(a)(17)(A) [2] is similar in that listed components of a cartridge (ie., the cartridge case, bullet, primer and powder) are considered “ammunition.” Thus, we do not find the government’s attempt to distinguish Travisano to be persuasive.

However, although it is not distinguishable, Travisano is not binding on this Court. We believe that Travisano takes an unjustifiedly narrow view of the relevant commerce for the purpose of determining whether the firearm (or ammunition) was possessed “in or affecting commerce.” Travisano essentially adds two qualifiers to the term “commerce” by adding the words “in previously manufactured firearms” to limit “commerce” as it appears in § 922(g)(1). We reject these two implied restrictions. First, we reject Travisano’s construction of § 922(g)(1) that limits the commerce that Mosby’s possession must be “in or affecting” to commerce in ammunition (or, as was the case in Travisano, firearms). Second, we reject Travisano’s exclusion of commerce in the component parts of the charged firearm or ammunition from the relevant commerce for purposes of determining whether the charged possession was “in or affecting commerce.”

The phrase “in or affecting commerce” is a term of art that indicates a congressional intent to invoke the full extent of its commerce power. United States v. Sanders, 35 F.3d 61, 62 (2d Cir.), cert. denied, — U.S. -, 115 S.Ct. 497, 130 L.Ed.2d 407 (1994). Although the recent Supreme Court decision in United States v. Lopez, — U.S. -, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995), limits Congress’s exercise of its commerce power, that power remains broad enough to support application of § 922(g)(1) in this case. [3]

[*457] Mosby was charged with violating § 922(g)(1) by “possess[ing] in or affecting commerce, ... ammunition.” The district court interpreted § 922(g)(1) to require proof that Mosby “possessed] in or affecting commerce in ammunition, ... ammunition.” The district court then coupled this reading of § 922(g)(1) with an interpretation of § 921(a)(17) that included only assembled cartridges. The district court reviewed the text and legislative history of § 921(a)(17) and § 922(g)(1), and emphasized the fact that the definition of “ammunition” in § 921(a)(17) is phrased in the disjunctive (“ammunition [ie., completed cartridges] or cartridge cases, primers, bullets or propellant powder”). The import of the disjunctive is well established. Terms connected by “or” normally are read to have separate meanings. See, e.g., United States v. Wilson, 41 F.3d 399, 401 (8th Cir.1995). The government provided evidence that the components of the cartridges are from outside the State of Minnesota. However, the district court granted Mosby’s motion for judgment of acquittal because the government had not shown that Mosby possessed “in or affecting commerce in previously manufactured cartridges, ... cartridges.” In so doing, the district court failed properly to consider the linguistic structure of § 922(g)(1) and overemphasized the importance of the disjunctive definition in § 921(a)(17).

Section 922(g)(1) contains the term “ammunition” only one time. This term identifies the item(s) that must be possessed. It does not modify or limit the commerce that must be affected by this possession. Section 922(g)(1) contains no phrase between the word “commerce” and the comma. The term “commerce” is unmodified (except insofar as it is a term of art referring to interstate commerce). Thus, we believe that the appropriate reading of § 922(g)(1) is:

possessed] in or affecting commerce of any type, ... ammunition (i.e., completed cartridges or cartridge cases, primers, bullets or propellant powder).

Given the linguistic structure of § 922(g)(1), the fact that the disjunctive “or” is used in § 921(a)(17) does not mean that cartridge components are excluded from the definition of the relevant commerce under § 922(g)(1). The unmodified term “commerce” as used in § 922(g)(1) means exactly what it says — commerce of any type — and the district court misconstrued § 922(g)(1) when it limited “commerce.”

Mosby possessed “ammunition” in two senses. Mosby’s possession of the assembled cartridges, which are not in interstate commerce, is also possession of the individual components of the cartridges which are in interstate commerce. At least some of these components satisfy the definition of ammunition in § 921(a)(17). Thus, Mosby’s possession of these components is possession “in ... commerce, ... [of] ammunition.” Thus, because we hold that Mosby’s possession of completed cartridges is a possession of cartridge components that satisfy the definition of ammunition in § 921(a)(17), and that are in interstate commerce, we conclude that Mosby possessed ammunition in interstate commerce in violation of § 922(g)(1).

III. CONCLUSION

Because we hold that the district court construed “commerce” in an overly narrow fashion, we reverse the district court’s grant of Mosby’s motion for judgment of acquittal and remand for entry of judgment in accordance with the jury verdict.

1

. This section provides:

The term 'firearm' means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.
2

. This section provides: "The term 'ammunition' means ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm.”

3

. Lopez delineates three categories of activity that Congress may regulate under its commerce power. First, "Congress may regulate the use of the channels of interstate commerce.” Id., — U.S. at -, 115 S.Ct. at 1629. Second, Congress may “regulate and protect the instrumen-talities of interstate commerce, or persons or things in interstate commerce, even though the threat may come only from intrastate activities.” Id. Third, Congress may "regulate those activities having a substantial relation to interstate commerce.” Id. Lopez struck down § 922(q)(l)(A), a regulation that fell in the third category, because the regulated activity did not "substantially affect” interstate commerce, and Congress had, therefore, exceeded its commerce power when it attempted to regulate that activity. However, the "in or affecting” language in § 922(g) makes clear that an individual case may fall into either the second or third category. On the facts of this case, because the components of the ammunition are in interstate commerce, we are dealing with a regulation that falls within the second category.