United States v. William Richard Turner, 77 F.3d 887 (6th Cir. 1996). · Go Syfert
United States v. William Richard Turner, 77 F.3d 887 (6th Cir. 1996). Cases Citing This Book View Copy Cite
87 citation events (19 in the last 25 years) across 14 distinct courts.
Strongest positive: United States v. Delamon Marshall (ca6, 2022-10-20)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 44 distinct citers. How cited ↗
cited Cited as authority (rule) United States v. Delamon Marshall
6th Cir. · 2022 · confidence medium
See United States v. Chesney, 86 F.3d 564 , 568–70 (6th Cir. 1996); United States v. Turner, 77 F.3d 887, 889 (6th Cir. 1996).
discussed Cited as authority (rule) United States v. Jevonn Goolsby
6th Cir. · 2022 · confidence medium
See Lopez, 514 U.S. at 561–62; see also Chesney, 86 F.3d at 568–69; Turner, 77 F.3d at 889 (noting that Lopez “strongly implies” that the jurisdictional element in provisions like section 922(g) is sufficient).
discussed Cited as authority (rule) United States v. Malek al-Maliki (2×)
6th Cir. · 2015 · signal: cf. · confidence medium
Cf. United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996).
discussed Cited as authority (rule) United States v. Marler
N.D. Ohio · 2005 · confidence medium
For example, in United States v. Turner, the Sixth Circuit observed that “[requiring the government in each case to prove that a felon has possessed a firearm ‘in or affecting commerce’ ensures that the firearm possession in question affects interstate commerce and saves § 922(g) from the jurisdictional defect that doomed § 922(q) [the statute invalidated in Lopez.]” 77 F.3d 887, 889 (6th Cir.1996).
discussed Cited as authority (rule) United States v. Henry
6th Cir. · 2005 · confidence medium
United States v. Sawyers, 409 F.3d 732, 735-36 (6th Cir. 2005); United States v. Thompson, 361 F.3d 918, 922-23 (6th Cir.), cert. denied, — U.S. —, 125 S. Ct. 223 (2004); Loney, 331 F.3d at 524 ; Carnes, 309 F.3d at 954 ; United States v. Murphy, 107 F.3d 1199, 1210-12 (6th Cir. 1997); United States v. Sanders, 97 F.3d 856, 862 (6th Cir. 1996), cert. denied, 519 U.S. 1132 (1997); United States v. Murphy, 96 F.3d 846, 847-48 (6th Cir. 1996); Chesney, 86 F.3d at 568-70 ; United States v. Turner, 77 F.3d 887, 888-89 (6th Cir. 1996); see also Thompson, 361 F.3d at 922 (citing United States v. …
discussed Cited as authority (rule) United States v. Antonio R. Henry
6th Cir. · 2005 · confidence medium
United States v. Sawyers, 409 F.3d 732, 735-36 (6th Cir.2005); United States v. Thompson, 361 F.3d 918, 922-23 (6th Cir.), cert. denied, - U.S. -, 125 S.Ct. 223 , 160 L.Ed.2d 97 (2004); Loney, 331 F.3d at 524 ; Carnes, 309 F.3d at 954 ; United States v. Murphy, 107 F.3d 1199, 1210-12 (6th Cir. 1997); United States v. Sanders, 97 F.3d 856, 862 (6th Cir.1996), cert. denied, 519 U.S. 1132 , 117 S.Ct. 995 , 136 L.Ed.2d 875 (1997); United States v. Murphy, 96 F.3d 846, 847-48 (6th Cir.1996); Chesney, 86 F.3d at 568-70 ; United States v. Turner, 77 F.3d 887, 888-89 (6th Cir.1996); see also Thompson,…
discussed Cited as authority (rule) United States v. Sinclair
6th Cir. · 2004 · confidence medium
He concedes that, under our cases, to convict a felon for possessing a firearm under 18 U.S.C. § 922 (g), the government need only prove that the firearm in question traveled at some time across state lines. 1 See United States v. Loney, 331 F.3d 516, 524 (6th Cir.2003); United States v. Napier, 233 F.3d 394, 401 (6th Cir.2000); United States v. Chesney, 86 F.3d 564, 568-70 (6th Cir.1996); United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996).
discussed Cited as authority (rule) United States v. Fernandez
6th Cir. · 2003 · confidence medium
Thus, Fernandez’s argument is unavailing because it is now clear that the enactment of § 922(g)(1) “represents a valid exercise of legislative power under the Commerce Clause.” United States v. Chesney, 86 F.3d 564, 568 (6th Cir.1996) (quoting United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996)).
cited Cited as authority (rule) United States v. Lewis
6th Cir. · 2003 · confidence medium
Lewis argues that § 922(g) is unconstitutional, but that argument was rejected in United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996).
discussed Cited as authority (rule) United States v. Steven G. Loney
6th Cir. · 2003 · confidence medium
See Scarborough v. United States, 431 U.S. 563 , 97 S.Ct. 1963 , 52 L.Ed.2d 582 (1977); Carnes, 309 F.3d at 954 ; United States v. Chesney, 86 F.3d 564, 568-70 (6th Cir.1996); United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996); see also United States v. Napier, 233 F.3d 394, 401 (6th Cir.2000) (rejecting the contention that § 922(g)(8), which uses the same commerce language as § 922(g)(1), requires the government to establish a “substantial” connection to interstate commerce).
cited Cited as authority (rule) Johnson v. Martin
W.D. Mich. · 2002 · confidence medium
See, e.g., United States v. Chesney, 86 F.3d 564, 568-70 (6th Cir.1996); United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996); United States v. Sherlin, 67 F.3d 1208, 1213-14 (6th Cir.1995).
cited Cited as authority (rule) United States v. Davis
6th Cir. · 2001 · confidence medium
See also United States v. Murphy, 107 F.3d 1199, 1211-12 (6th Cir.1997); United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996).
discussed Cited as authority (rule) United States v. Harvey Lloyd Napier
6th Cir. · 2000 · confidence medium
In United States v. Chesney, 86 F.3d 564, 568-70 (6th Cir.1996), and United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996), we relied on this jurisdictional element in upholding § 922(g)(1) against a Commerce Clause challenge.
discussed Cited as authority (rule) United States v. Fleischli
C.D. Ill. · 2000 · confidence medium
See, e.g., United States v. Wells, 98 F.3d 808 (4th Cir.1996) United States v. Gateward, 84 F.3d 670, 671-72 (3d Cir.1996), cert. denied, 519 U.S. 907 , 117 S.Ct. 268 , 136 L.Ed.2d 192 (1996); United States v. Abernathy, 83 F.3d 17, 20 (1st Cir.1996); United States v. Spires, 79 F.3d 464, 466 (5th Cir.1996); United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996); United States v. McAllister, 77 F.3d 387, 390 (11th Cir.1996), cert. denied, 519 U.S. 905 , 117 S.Ct. 262 , 136 L.Ed.2d 187 (1996); United States v. Sorrentino, 72 F.3d 294, 296-97 (2d Cir.1995); United States v. Bolton, 68 F.3d 396…
discussed Cited as authority (rule) United States v. Carnes
E.D. Mich. · 2000 · confidence medium
Yet, as the Sixth Circuit has expressly recognized, the federal felon-in-possession statute passes constitutional muster notwithstanding the decision in Lopez , because 18 U.S.C. § 922 (g)(1), unlike the statute at issue in Lopez , includes an express requirement that the felon’s firearm possession must be “in or affecting commerce.” See United States v. Chesney, 86 F.3d 564, 568 (6th Cir.1996) (noting that “[cjourts uniformly have rejected facial challenges to § 922(g)(1)” made in light of Lopez), cert. denied, 520 U.S. 1282 , 117 S.Ct. 2470 , 138 L.Ed.2d 225 (1997); United States…
discussed Cited as authority (rule) Fraternal Order of Police v. United States
D.C. Cir. · 1999 · confidence medium
See United States v. Smith, 101 F.3d 202, 215 (1st Cir.1996); United States v. Sorrentino, 72 F.3d 294, 296 (2d Cir.1995); United States v. Gateward, 84 F.3d 670, 672 (3d Cir.1996); United States v. Wells, 98 F.3d 808, 811 (4th Cir.1996); United States v. Rawls, 85 F.3d 240, 242 (5th Cir.1996); United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996); United States v. Lewis, 100 F.3d 49, 52 (7th Cir.1996); United States v. Barry, 98 F.3d 373, 378 (8th Cir.1996); United States v. Nguyen, 88 F.3d 812, 820-21 (9th Cir.1996); United States v. Bolton, 68 F.3d 396, 400 (10th Cir.1995); United States…
discussed Cited as authority (rule) Gillespie v. City of Indianapolis
S.D. Ind. · 1998 · confidence medium
See also United States v. Wells, 98 F.3d 808 , 811 (4th Cir.1996); United States v. Barry, 98 F.3d 373, 378 (8th Cir.1996); United States v. Garcia, 94 F.3d 57, 64 (2d Cir.1996); United States v. Nguyen, 88 F.3d 812, 820-821 (9th Cir.1996); United States v. Rawls, 85 F.3d 240, 242 (5th Cir.1996); United States v. Gateward, 84 F.3d 670, 672 (3rd Cir.1996); United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996); United States v. McAllister, 77 F.3d 387, 389 (11th Cir.1996); United States v. Bennett, 75 F.3d 40, 48-49 (1st Cir.1996); United States v. Bolton, 68 F.3d 396, 400 (10th Cir.1995). 8 …
discussed Cited as authority (rule) National Ass'n of Government Employees, Inc. v. Barrett
N.D. Ga. · 1997 · confidence medium
See, e.g., United States v. McAllister, 77 F.3d 387, 390 (11th Cir.) (upholding the constitutionality of § 922(g)(1), which makes it unlawful for felons to possess a firearm, because it contained a jurisdictional element), cert. denied, — U.S. ---, 117 S.Ct. 262 , 136 L.Ed.2d 187 (1996); United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996) (noting that every court of appeals “has held that the jurisdictional element of § 922(g) provides the requisite nexus with interstate commerce that § 922(q), [the statute at issue in Lopez,] lacked”).
discussed Cited as authority (rule) United States v. Leak
4th Cir. · 1997 · confidence medium
See, e.g., United States v. Gateward, 84 F.3d 670, 671-72 (3d Cir. 1996), cert. denied, 117 S. Ct. 268 (1996); United States v. Abernathy, 83 F.3d 17, 20 (1st Cir. 1996); United States v. Spires, 79 F.3d 464, 466 (5th Cir. 1996); United States v. Turner, 77 F.3d 887, 889 (6th Cir. 1996); United States v. McAllister, 77 F.3d 387, 390 (11th Cir. 1996), cert. denied, 117 S. Ct. 262 (1996); United States v. Sorrentino, 72 F.3d 294, 296-97 (2d Cir. 1995); United States v. Bolton, 68 F.3d 396, 400 (10th Cir. 1995), cert. denied, 116 S. Ct. 966 (1996); United States v. Shelton, 66 F.3d 991, 992 (8th …
cited Cited as authority (rule) United States v. David E. Jay
6th Cir. · 1997 · confidence medium
This issue has been previously addressed by this court in United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996), when we held section 922(g)(1) to be constitutional.
discussed Cited as authority (rule) United States v. Chisholm
11th Cir. · 1997 · confidence medium
See also United States v. Wells, 98 F.3d 808, 811 (4th Cir.1996); United States v. Gateward, 84 F.3d 670, 671-72 (3d Cir.), cert. denied, - U.S. -, 117 S.Ct. 268 , 136 L.Ed.2d 192 (1996); United States v. Abernathy, 83 F.3d 17, 20 (1st Cir.1996); United States v. Spires, 79 F.3d 464, 466 (5th Cir.1996); United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996); 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. Bolton, 68 F.3d 396, 400 (10th Cir.1995), cert. denied, - U.S. -, 116 S.Ct. 966 , 133 L.Ed.2d 887…
discussed Cited as authority (rule) United States v. Julio Sesa Santiago
6th Cir. · 1997 · confidence medium
This court has held in United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996), that 18 U.S.C. § 922 (g)(1) represents a valid exercise of legislative power under the Commerce Clause, and in United States v. Chesney, 86 F.3d 564, 570 (6th Cir.1996), that § 922(g)(1) contains the jurisdictional element necessary to satisfy the requirements of Lopez, 115 S.Ct. at 1631 .
discussed Cited as authority (rule) United States v. Anthony Lee Grant
4th Cir. · 1997 · confidence medium
See, e.g., United States v. Gateward, 84 F.3d 670, 672 (3rd Cir.), cert. denied, --- U.S. ----, 65 U.S.L.W. 3265 (U.S. Oct. 7, 1996) (No. 96-5709); United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996).
discussed Cited as authority (rule) United States v. Grant
4th Cir. · 1997 · confidence medium
See, e.g. , United States v. Gateward, 84 F.3d 670, 672 (3rd Cir.), cert. denied, ___ U.S. ___, 65 U.S.L.W. 2 3265 (U.S. Oct. 7, 1996) (No. 96-5709); United States v. Turner, 77 F.3d 887, 889 (6th Cir. 1996).
discussed Cited as authority (rule) United States v. Timothy Andrew Lewis
7th Cir. · 1996 · confidence medium
Accord United States v. Sorrentino, 72 F.3d 294, 296-97 (2d Cir.1995); United States v. Gateward, 84 F.3d 670, 671-72 (3d Cir.), cert. denied, — U.S. -, 117 S.Ct. 268 , 136 L.Ed.2d 192 (1996); United States v. Rawls, 85 F.3d 240, 242 (5th Cir.1996) (per curiam); United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996); United States v. Rankin, 64 F.3d 338, 339 (8th Cir.) (per curiam), cert. denied, — U.S. -, 116 S.Ct. 577 , 133 L.Ed.2d 500 (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), cert. denied, — …
discussed Cited as authority (rule) United States v. Wells
4th Cir. · 1996 · confidence medium
See, e.g., United States v. Gateward, 84 F.3d 670, 671-72 (3d Cir.1996), cert. denied, --- U.S. ----, 117 S.Ct. 268 , 136 L.Ed.2d 192 (1996); United States v. Abernathy, 83 F.3d 17, 20 (1st Cir.1996); United States v. Spires, 79 F.3d 464, 466 (5th Cir.1996); United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996); United States v. McAllister, 77 F.3d 387, 390 (11th Cir.1996), cert. denied, --- U.S. ----, 117 S.Ct. 262 , 136 L.Ed.2d 187 (1996); 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. Bolton, 68 …
discussed Cited as authority (rule) United States of v. Wells
4th Cir. · 1996 · confidence medium
See, e.g., United States v. Gateward, 84 F.3d 670, 671-72 (3d Cir.1996), cert. denied, - U.S. -, 117 S.Ct. 268 , 136 L.Ed.2d 192 (1996); United States v. Abernathy, 83 F.3d 17, 20 (1st Cir.1996); United States v. Spires, 79 F.3d 464, 466 (5th Cir.1996); United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996); United States v. McAllister, 77 F.3d 387, 390 (11th Cir.1996), cert. denied, - U.S.-, 117 S.Ct. 262 , 136 L.Ed.2d 187 (1996); 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. Bolton, 68 F.3d 396, 4…
discussed Cited as authority (rule) United States v. Jerome L. Murphy
6th Cir. · 1996 · confidence medium
Subsequent to the parties’ briéfíng in this case, a panel of this court upheld the validity of section 922(g)(1), specifically considering the effect of Lopez and holding that section 922(g) was “a valid exercise of legislative power under the Commerce Clause.” United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996).
discussed Cited as authority (rule) United States v. Raymond Burrow, Also Known as Jeffrey Love, Also Known as Raymond Burrows
6th Cir. · 1996 · confidence medium
United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996) (collecting cases). 3 Requiring the government in each case to prove that a felon has possessed a firearm "in or affecting commerce" ensures that the firearm possession in question affects interstate commerce and saves § 922(g) from the jurisdictional defect that doomed § 922(q).
discussed Cited as authority (rule) United States v. Chauncy Adam Tucker (95-1160) Calvin Miller, Jr. (95-1187) and Anthony Darrick McCoy (95-1220)
6th Cir. · 1996 · confidence medium
Chesney, 86 F.3d at 568-70 (upholding 18 U.S.C. § 922 (g)(1)); United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996) (same); United States v. Sherlin, 67 F.3d 1208, 1213-14 (6th Cir.1995) (upholding 18 U.S.C. § 844 (i)), cert. denied, — U.S. -, 116 S.Ct. 795 , 133 L.Ed.2d 744 (1996).
examined Cited as authority (rule) United States v. Gary E. Chesney (12×) also: Cited "see", Cited "see, e.g."
6th Cir. · 1996 · confidence medium
Thus, all ten courts of appeals that have considered the constitutionality of § 922(g)(1) since Lopez have upheld the statute. 11 Courts uniformly have rejected facial challenges to § 922(g)(1) because § 922(g)(1) contains a jurisdictional provision that requires the government to prove that the firearm was possessed "in or affecting commerce." E.g., Turner, 77 F.3d at 889 ("Requiring the government in each case to prove that a felon has possessed a firearm 'in or affecting commerce' ensures that the firearm possession in question affects interstate commerce and saves § 922(g) from the jur…
discussed Cited as authority (rule) United States v. Gateward
3rd Cir. · 1996 · confidence medium
See United States v. Bradford, 78 F.3d 1216, 1222-23 (7th Cir. 1996); United States v. McAllister, 77 F.3d 387, 389-90 (11th Cir. 1996); United States v. Bates, 77 F.3d 1101, 1103-04 (8th Cir. 1996); United States v. Turner, 77 F.3d 887, 889 (6th Cir. 1996); United States v. Sorrentino, 72 F.3d 294, 296-97 (2d Cir. 1995); United States v. Hinton, No. 95-5095, 1995 WL 623876, at **2 (4th Cir. Oct. 25, 1995) (unpublished), cert. denied, 116 S. Ct. 1026 (1996); United States v. Bolton, 68 F.3d 396, 400 (10th Cir.), cert. denied, 116 S. Ct. 966 (1995); United States v. Collins, 61 F.3d 1379, 1383-…
discussed Cited as authority (rule) United States v. Kenneth Gateward, A/K/A Kenneth Carr
3rd Cir. · 1996 · confidence medium
See United States v. Bradford, 78 F.3d 1216, 1222-23 (7th Cir.1996); United States v. McAllister, 77 F.3d 387, 389-90 (11th Cir.1996); United States v. Bates, 77 F.3d 1101, 1103-04 (8th Cir.1996); United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996); United States v. Sorrentino, 72 F.3d 294, 296-97 (2d Cir.1995); United States v. Hinton, No. 95-5095, 1995 WL 623876, at **2 (4th Cir. Oct. 25, 1995) (unpublished), 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.), cert. denied, — U.S. -, 116 S.Ct. 966 , 133 L.Ed.2d 887 (…
discussed Cited as authority (rule) United States v. Vernon Hayes
6th Cir. · 1996 · confidence medium
United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996) (ruling that requirement in § 922(g) that the felon possess a firearm "in or affecting commerce" created necessary link to interstate commerce and saved § 922(g) from jurisdictional defect in § 922(q)).
cited Cited as authority (rule) In Re Braddy
Bankr. E.D. Mich. · 1996 · confidence medium
Within the past 12 months, such published decisions include: United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996); Brown v. Local 58, Int’l Bhd. of Elec.
discussed Cited "see" United States v. Calvin B. Murphy (2×)
6th Cir. · 1997 · signal: see · confidence high
See United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996) ("[Section] 922(g)(1) represents a valid exercise of legislative power under the Commerce Clause."); United States v. Chesney, 86 F.3d 564, 568 (6th Cir.1996) (same).
discussed Cited "see" United States v. George Zimmerman
6th Cir. · 1997 · signal: see · confidence high
See United States v. Turner, 77 F.3d 887, 888-89 (6th Cir.1996) (collecting cases). 6 Requiring the government in each case to prove that a felon has possessed a firearm "in or affecting commerce" ensures that the firearm possession in question affects interstate commerce and saves § 922(g) from the jurisdictional defect that doomed § 922(q).
cited Cited "see" United States v. Nohara Tobias
6th Cir. · 1996 · signal: see · confidence high
See United States v. Turner, 77 F.3d 887 (6th Cir.1996).
cited Cited "see" United States v. Kenneth Smith
6th Cir. · 1996 · signal: see · confidence high
See United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996).
cited Cited "see" Jeffery Thomas v. United States
6th Cir. · 1996 · signal: see · confidence high
See United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996). 7 Accordingly, we affirm the district court's judgment.
cited Cited "see" United States v. Mary Ann Lemmo
6th Cir. · 1996 · signal: see · confidence high
See United States v. Turner, 77 F.3d 887 (6th Cir.1996).
discussed Cited "see, e.g." United States v. Grover Vaughn
6th Cir. · 2024 · signal: see also · confidence medium
See, e.g., United States v. Henry, 429 F.3d 603, 619 (6th Cir. 2005) (“We explicitly held post-Lopez that a § 922(g)(1) conviction comports with the Commerce Clause so long as the defendant ‘possessed a gun that previously had moved in interstate commerce.’” (quoting Chesney, 86 F.3d at 572 )); see also, e.g., United States v. Turner, 77 F.3d 887, 889 (6th Cir. 1996) (upholding the constitutionality of § 922(g) because it requires the government to prove the felon possessed the firearm in or affecting commerce).
discussed Cited "see, e.g." United States v. Mullet
N.D. Ohio · 2012 · signal: see also · confidence low
See United States v. Dorsey, 418 F.3d 1038, 1045 (9th Cir.2005) (upholding 18 U.S.C. § 922 (q) and noting that the jurisdictional element saves the law from the infirmity that defeated it in Lopez)] United States v. Danks, 221 F.3d 1037, 1039 (8th Cir.1999) (same); see also United States v. Turner, 77 F.3d 887 (6th Cir. 1996) (upholding 18 U.S.C. § 922 (g)(1) and noting that “Every court of appeals that has been faced with this question since Lopez has held that the jurisdictional element of § 922(g) provides the requisite nexus with interstate commerce that [the former] § 922(q) lacked.…
cited Cited "see, e.g." Casey v. Hemingway
6th Cir. · 2002 · signal: see, e.g. · confidence medium
See, e.g., United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
William Richard TURNER, Defendant-Appellant
95-5574.
Court of Appeals for the Sixth Circuit.
Mar 4, 1996.
77 F.3d 887
Hugh B. Ward, Jr. (argued and briefed), Office of the U.S. Atty., Knoxville, TN, for plaintiff-appellee., Leah J. Prewitt (argued and briefed), Federal Defender Services, Knoxville, TN, for defendant-appellant.
Norris, Suhrheinrich, Gibson.
Cited by 59 opinions  |  Published
ALAN E. NORRIS, Circuit Judge.

Defendant William Richard Turner appeals his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) (1988). Turner’s sole argument is that § 922(g)(1) violates the Commerce Clause [1] under the standard established by the Supreme Court in United States v. Lopez, - U.S. -, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995). Finding no constitutional violation, we affirm Turner’s conviction.

In 1991, Turner was sentenced to five years’ probation for making false statements to the United States Veterans Administration. See 18 U.S.C.A. § 1001 (West Supp. 1995). On December 20, 1993, agents of the Bureau of Alcohol, Tobacco, and Firearms executed a search warrant at Turner’s residence and found twenty-two firearms, along with a receipt that indicated that Turner had sold five additional firearms earlier that day. Upon the motion of the United States Probation Office, the district court revoked Turner’s probation and sentenced him in July of 1994 to six months’ confinement in a half-way house, to be followed by three years of supervised release.

On January 25, 1995, the United States charged Turner with violating § 922(g)(1). Turner waived indictment and pleaded guilty to a one-count information that alleged that he, “having been previously convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly and unlawfully possess in and affecting commerce, firearms.” On April 13, 1995, the district court once again sentenced Turner to six months’ imprisonment and three years of supervised release. Defendant timely appealed.

On appeal, Turner argues that § 922(g)(1) is unconstitutional under Lopez. In Lopez, the Supreme Court struck down a portion of the Gun-Free School Zones Act of 1990 [2] that made it unlawful “for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone.” 18 U.S.C.A. § 922(q)(2)(A) (West Supp.1995) (formerly 18 U.S.C. § 922(q)(l)(A)). The Court delineated three categories of permissible legislation under the Commerce Clause: (1) regulation of “the use of the channels of interstate commerce;” (2) regulation and protection of “the instrumentalities of interstate commerce, or persons or things in interstate commerce, even though the threat may come only from intrastate activities;” and (3) regulation of “those activities having a substantial relationship to interstate commerce.” — U.S. at -— -, 115 S.Ct. at 1629-30.

Section 922(q) failed to pass muster for two reasons. First, the Court noted that § 922(q) is a criminal statute that by its[*889] terms “has nothing to do with ‘commerce’ or any sort of economic enterprise, however broadly one might define those terms.” — U.S. at-, 115 S.Ct. at 1630-31. Second, the Court pointed to the lack of any “jurisdictional element which would ensure, through case-by-case inquiry, that the firearm possession in question affects interstate commerce.” Id. at-, 115 S.Ct. at 1631.

In developing this second point, the Court distinguished § 922(q) from the statute at issue in United States v. Bass, 404 U.S. 336, 92 S.Ct. 515, 30 L.Ed.2d 488 (1971), which the Lopez opinion suggests did contain the sort of “express jurisdictional element” that would bring a criminal statute within the commerce power. Lopez, — U.S. at-, 115 S.Ct. at 1631. At issue in Bass was the predecessor of the very statute under which Turner was convicted. See Omnibus Crime Control and Safe Streets Act of 1968, Pub.L. No. 90-351, § 1202(a), 82 Stat. 197, 236 (1969). The relevant portion of § 1202(a) made it unlawful for any person who had been convicted of a felony to “possess[ ] ... in commerce or affecting commerce ... any firearm.” While the Bass Court did not decide the constitutionality of § 1202(a), the citation of Bass in Lopez strongly implies that the jurisdictional element was sufficient.

The language of § 922(g) relevant to Turner’s appeal is as follows: “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 ... possess in or affecting commerce, any firearm....” Turner argues that the requisite element of “in or affecting commerce” is insufficient to fall within the rule of Lopez. We disagree.

Every court of appeals that has been faced with this question since Lopez has held that the jurisdictional element of § 922(g) provides the requisite nexus with interstate commerce that § 922(q) lacked. See, e.g., United States v. Sorrentino, 72 F.3d 294, 296 (2d Cir.1995); United States v. Hinton, No. 95-5095, 1995 WL 623876, at *2 (4th Cir. Oct. 25, 1995) (per curiam) (unpublished), cert. denied, — U.S. -, 116 S.Ct. 1026, 134 L.Ed.2d 104 (1996); United States v. Lee, 72 F.3d 55, 58 (7th Cir.1995); United States v. Shelton, 66 F.3d 991, 992-93 (8th Cir.1995) (per curiam); United States v. Collins, 61 F.3d 1379, 1383-84 (9th Cir.) cert. denied, - U.S.-, 116 S.Ct. 543, 133 L.Ed.2d 446 (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). In addition, an unpublished opinion in our own circuit has upheld § 922(g) against a Commerce Clause challenge. United States v. Farris, No. 94-3920, 1995 WL 592054, at *6 n. 1 (6th Cir. Oct. 5, 1995) (per curiam) (unpublished).

Requiring the government in each case to prove that a felon has possessed a firearm “in or affecting commerce” ensures that the firearm possession in question affects interstate commerce and saves § 922(g) from the jurisdictional defect that doomed § 922(q). Accordingly, we hold that § 922(g)(1) represents a valid exercise of legislative power under the Commerce Clause. Turner’s conviction is, therefore, affirmed.

1

. "The Congress shall have Power ... To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes....” U.S. Const, art. I, § 8, cl. 3.

2

. See Crime Control Act of 1990, Pub.L. No. 101-647, § 1702, 1990 U.S.C.C.A.N. (104 Stat.) 4789, 4844-45, amended by Violent Crime Control and Law Enforcement Act of 1994, Pub.L. No. 103-322, § 320904, 1994 U.S.C.C.A.N. (108 Stat.) 1796, 2125-26.