Joel Proyect v. United States, 101 F.3d 11 (1996). · Go Syfert
Joel Proyect v. United States, 101 F.3d 11 (1996). Cases Citing This Book View Copy Cite
80 citation events (42 in the last 25 years) across 17 distinct courts.
Strongest positive: United States v. Ramos (ca2, 2012-07-02)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 36 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Ramos
2d Cir. · 2012 · confidence medium
As we explained in Holston , “Congress understood that much of the pornographic material involving minors that feeds the [national] market is locally produced, and this local or ‘homegrown’ production supports demand in the national market and is essential to its existence.” Holston, 343 F.3d at 90 . “[W]hen Congress regulates a class of activities that substantially affect interstate commerce,” the fact that particular activities within that class do not have a substantial effect on interstate commerce is “ ‘irrelevant.’ ” Id. at 90 (quoting Proyect v. United States, 101 F…
discussed Cited as authority (rule) United States v. Goodale (2×)
D. Vt. · 2011 · confidence medium
The court then ruled that the second Morrison factor, which asks whether the statute contains a limiting jurisdictional element, was “at least superficially met.” Id. at 89.
cited Cited as authority (rule) United States v. Edwin Marrero and David Hernandez
7th Cir. · 2002 · confidence medium
Cf. United States v. Olin Corp., 107 F.3d 1506 , 1510 and n. 8 (11th Cir.1997); Proyect v. United States, 101 F.3d 11, 13 (2d Cir.1996) (per curiam).
cited Cited as authority (rule) Marrero, Edwin v. United States
7th Cir. · 2002 · confidence medium
Cf. United States v. Olin Corp., 107 F.3d 1506 , 1510 and n. 8 (11th Cir. 1997); Proyect v. United States, 101 F.3d 11, 13 (2d Cir. 1996) (per curiam).
discussed Cited as authority (rule) United States v. Ruben Feliciano, AKA Rude Dog, AKA Roob Dog, Ronald Pagan, AKA Twin, and Nelson Gonzalez, AKA Snoop,defendants-Appellants
2d Cir. · 2000 · confidence medium
See, e.g., United States v. Miller, 116 F.3d 641, 674 (2d Cir.1997) (upholding the district court’s instruction that defendants’ drug trafficking activities prosecuted under RICO need only be “minimal” and “need not be substantial,” and stating that “Lopez did not alter the principle that where the type of activity at issue has been found by Congress to have a substantial connection with interstate commerce, the government need only prove that the individual subject transaction has a de minimis effect on interstate commerce”); Goodwin, 141 F.3d at 399 (“[D]rug trafficking act…
discussed Cited as authority (rule) Brzonkala v. VPI State Univ (2×) also: Cited "see"
4th Cir. · 2000 · confidence medium
Cir. 1996) (upholding FACE), cert. denied, 117 S. Ct. 2431 (1997); Proyect v. United States, 101 F.3d 11, 12-14 (2d Cir. 1996) (upholding Comprehensive Drug Abuse Prevention and Con- trol Act); United States v. McHenry, 97 F.3d 125, 128-29 (6th Cir. 1996) (upholding the Anti Car Theft Act), cert. denied, 117 S. Ct. 992 (1997); United States v. Hampshire, 95 F.3d 999, 1001-04 (10th Cir. 1996) (upholding Child Support Recovery Act), cert. denied, 117 S. Ct. 753 (1997); United States v. Kenney , 91 F.3d 884, 889-91 (7th Cir. 1996) (upholding 18 U.S.C. § 922 (o)); United States v. Dinwiddie, 76 F…
discussed Cited as authority (rule) Santiago v. Alonso
D.P.R. · 2000 · confidence medium
See also Hodel v. Virginia Surface Mining and Reclamation Ass’n, 452 U.S. 264, 276 , 101 S.Ct. 2352, 2360 , 69 L.Ed.2d 1 (1981); Timm v. Delong, 59 F.Supp.2d 944, 951 (D.Neb.1998); Proyect v. U.S., 101 F.3d 11, 12-13 (2nd Cir.1996); U.S. v. McKinney, 98 F.3d 974, 979 (7th Cir.1996).
discussed Cited as authority (rule) Ace Auto Body & Towing, Ltd. v. The City Of New York
2d Cir. · 1999 · confidence medium
See Preseault v. ICC, 494 U.S. 1, 17 , 110 S.Ct. 914 , 108 L.Ed.2d 1 (1990); see also Lopez, 514 U.S. at 557 , 115 S.Ct. 1624 (noting that rational basis standard applies); Proyect v. United States, 101 F.3d 11, 12-13 (2d Cir.1996) (per curiam) (same). 66 But even were this visible effect on commerce seen as something less than "substantial," see Lopez, 514 U.S. at 559 , 115 S.Ct. 1624 (effect must be substantial), we think, as did the district court, that Congress' findings regarding state regulation of intrastate motor carriers provide a rational basis for preempting state regulation of intr…
discussed Cited as authority (rule) Ace Auto Body & Towing, Ltd. v. City of New York
2d Cir. · 1999 · confidence medium
See Preseault v. ICC, 494 U.S. 1, 17 , 110 S.Ct. 914 , 108 L.Ed.2d 1 (1990); see also Lopez, 514 U.S. at 557 , 115 S.Ct. 1624 (noting that rational basis standard applies); Proyect v. United States, 101 F.3d 11, 12-13 (2d Cir.1996) (per curiam) (same).
discussed Cited as authority (rule) Kuromiya v. United States (2×)
E.D. Pa. · 1999 · confidence medium
See, e.g., United States v. Jackson, 111 F.3d 101, 102 (11th Cir. 1997) (upholding 21 U.S.C. § 860 (a) and stating that “[t]he illegal. possession and sale of drugs affects interstate commerce and Congress accordingly has authority under the Commerce Clause to criminalize and punish drug-related activity”), cert, denied, — U.S. -, 118 S.Ct. 200 , 139 L.Ed.2d 137 (1997); Proyect v. United States, 101 F.3d 11, 13-14 (2d Cir.1996) (contrasting CSA provision criminalizing marijuana manufacture with Lopez statute and upholding it under the commerce clause); United States v. Tisor, 96 F.3d 37…
discussed Cited as authority (rule) Brzonkala v. Virginia Polytechnic Institute & State University (2×) also: Cited "see"
4th Cir. · 1999 · confidence medium
See United States v. Franklyn, 157 F.3d 90, 93 (2d Cir.) cert. denied, — U.S. -, 119 S.Ct. 563 , 142 L.Ed.2d 469 (1998) (upholding 18 U.S.C. § 922 (o), which criminalizes the possession or transfer of handguns); United States v. Cardoza, 129 F.3d 6, 11-13 (1st Cir.1997) (upholding Youth Handgun Safety Act); Hoffman v. Hunt, 126 F.3d 575, 584-88 (4th Cir.1997) (upholding Freedom of Access to Clinic Entrances Act (FACE)); United States v. Knutson, 113 F.3d 27 (5th Cir.1997) (upholding 18 U.S.C. § 922 (o) criminalizing' the possession or transfer of machine guns); United States v. Parker, 108…
discussed Cited as authority (rule) Christy Brzonkala v. Virginia Polytechnic Institute and State University Antonio J. Morrison James Landale Crawford, and Cornell D. Brown William E. Landsidle, in His Capacity as Comptroller of the Commonwealth, Law Professors Virginians Aligned Against Sexual Assault the Antidefamation League Center for Women Policy Studies the Dc Rape Crisis Center Equal Rights Advocates the Georgetown University Law Center Sex Discrimination Clinic Jewish Women International the National Alliance of Sexual Assault Coalitions the National Coalition Against Domestic Violence the National Coalition Against Sexual Assault the National Network to End Domestic Violence National Organization for Women Northwest Women's Law Center the Pennsylvania Coalition Against Domestic Violence, Incorporated Virginia National Organization for Women Virginia Now Legal Defense and Education Fund, Incorporated Women Employed Women's Law Project Women's Legal Defense Fund Independent Women's Forum Women's Freedom Network, Amici Curiae. United States of America, Intervenor-Appellant, and Christy Brzonkala v. Antonio J. Morrison James Landale Crawford, and Virginia Polytechnic Institute and State University Cornell D. Brown William E. Landsidle, in His Capacity as Comptroller of the Commonwealth, Law Professors Virginians Aligned Against Sexual Assault the Antidefamation League Center for Women Policy Studies 2 the Dc Rape Crisis Center Equal Rights Advocates the Georgetown University Law Center Sex Discrimination Clinic Jewish Women International the National Alliance of Sexual Assault Coalitions the National Coalition Against Domestic Violence the National Coalition Against Sexual Assault the National Network to End Domestic Violence National Organization for Women Northwest Women's Law Center the Pennsylvania Coalition Against Domestic Violence, Incorporated Virginia National Organization for Women Virginia Now Legal Defense and Education Fund, Incorporated Women Employed Women's Law Project Women's Legal Defense Fund Independent Women's Forum Women's Freedom Network, Amici Curiae (2×) also: Cited "see"
4th Cir. · 1999 · confidence medium
See United States v. Franklyn, 157 F.3d 90, 93 (2d Cir.) cert. denied, --- U.S. ----, 119 S.Ct. 563 , 142 L.Ed.2d 469 (1998) (upholding 18 U.S.C. § 922 (o), which criminalizes the possession or transfer of handguns); United States v. Cardoza, 129 F.3d 6, 11-13 (1st Cir.1997) (upholding Youth Handgun Safety Act); Hoffman v. Hunt, 126 F.3d 575, 584-88 (4th Cir.1997) (upholding Freedom of Access to Clinic Entrances Act (FACE)); United States v. Knutson, 113 F.3d 27 (5th Cir.1997) (upholding 18 U.S.C. § 922 (o) criminalizing the possession or transfer of machine guns); United States v. Parker, 1…
discussed Cited as authority (rule) Gibbs v. Babbitt
E.D.N.C. · 1998 · confidence medium
See Hoffman v. Hunt, 126 F.3d 575, 583-88 (stating and applying rational basis test) (4th Cir.1997), cert. denied,U.S. -, 118 S.Ct. 1838 , 140 L.Ed.2d 1089 (1998); United States v. Knutson, 113 F.3d 27, 29 (5th Cir.1997) (same); United States v. Parker, 108 F.3d 28, 30 (3rd Cir.1997), cert. denied, — U.S.-, 118 S.Ct. 111 , 139 L.Ed.2d 64 (1997) (same); United States v. Ohn Corp., 107 F.3d 1506, 1509 (11th Cir.1997) (same); United States v. Bramble, 103 F.3d 1475, 1482 (9th Cir.1996) (same); Terry v. Reno, 101 F.3d 1412, 1416 (D.C.Cir.1996), cert. denied, - U.S. -, 117 S.Ct. 2431 , 138 L.Ed.2…
discussed Cited as authority (rule) Timm v. Delong
D. Neb. · 1998 · confidence medium
United States, 101 F.3d 11, 12-13 (2d Cir.1996) (same); United States v. McKinney, 98 F.3d 974, 979 (7th Cir.1996), cert. denied, 520 U.S. 1110 , 117 S.Ct. 1119 , 137 L.Ed.2d 319 (1997) (same); United States v. Hampshire, 95 F.3d 999, 1004 (10th Cir.1996), cert. denied, 519 U.S. 1084 , 117 S.Ct. 753 , 136 L.Ed.2d 690 (1997) (same); United States v. Kim, 94 F.3d 1247, 1249-50 (9th Cir.1996) (same); United States v. Bishop, 66 F.3d 569, 577 (3d Cir.1995), cert. denied, 516 U.S. 1066 , 116 S.Ct. 750 , 133 L.Ed.2d 698 (1996) (same); Cheffer v. Reno, 55 F.3d 1517, 1520-21 (11th Cir.1995) (same); se…
examined Cited as authority (rule) Brzonkala v. Virginia Polytechnic Institute & State University (4×)
4th Cir. · 1997 · confidence medium
Cir. 1996), cert. denied, 117 S. Ct. 2431 (1997) (same); Proyect v. United States, 101 F.3d 11, 12 (2d Cir. 1996) (same); United States v. McHenry, 97 F.3d 125, 128 (6th Cir. 1996), cert. denied, 117 S. Ct. 992 (1997) (same); United States v. Hampshire , 95 F.3d 999, 1001 (10th Cir. 1996), cert. denied, 117 S. Ct. 753 (1997) (same); United States v. Kenney, 91 F.3d 884, 889 (7th Cir. 1996) (same); United States v. Dinwiddie, 76 F.3d 913, 920 (8th Cir. 1996), cert. denied, 117 S. Ct. 613 (1996) (same). 33 eration of voluminous testimonial, statistical, and documentary evi- dence, Congress made …
discussed Cited as authority (rule) Christy Brzonkala v. Virginia Polytechnic Institute and State University Antonio J. Morrison James Landale Crawford, and Cornell D. Brown William E. Landsidle, in His Capacity as Comptroller of the Commonwealth, Law Professors Virginians Aligned Against Sexual Assault the Anti-Defamation League Center for Women Policy Studies the Dc Rape Crisis Center Equal Rights Advocates the Georgetown University Law Center Sex Discrimination Clinic Jewish Women International the National Alliance of Sexual Assault Coalitions the National Coalition Against Domestic Violence the National Coalition Against Sexual Assault the National Network to End Domestic Violence National Organization for Women Northwest Women's Law Center the Pennsylvania Coalition Against Domestic Violence, Incorporated Virginia National Organization for Women Virginia Now Legal Defense and Education Fund, Incorporated Women Employed Women's Law Project Women's Legal Defense Fund Independent Women's Forum Women's Freedom Network, Amici Curiae. United States of America, Intervenor-Appellant, and Christy Brzonkala v. Antonio J. Morrison James Landale Crawford, and Virginia Polytechnic Institute and State University Cornell D. Brown William E. Landsidle, in His Capacity as Comptroller of the Commonwealth, Law Professors Virginians Aligned Against Sexual Assault the Anti-Defamation League Center for Women Policy Studies the Dc Rape Crisis Center Equal Rights Advocates the Georgetown University Law Center Sex Discrimination Clinic Jewish Women International the National Alliance of Sexual Assault Coalitions the National Coalition Against Domestic Violence the National Coalition Against Sexual Assault the National Network to End Domestic Violence National Organization for Women Northwest Women's Law Center the Pennsylvania Coalition Against Domestic Violence, Incorporated Virginia National Organization for Women Virginia Now Legal Defense and Education Fund, Incorporated Women Employed Women's Law Project Women's Legal Defense Fund Independent Women's Forum Women's Freedom Network, Amici Curiae (2×)
4th Cir. · 1997 · confidence medium
See Hoffman, 126 F.3d 575, 583-88 (stating and applying rational basis test); United States v. Knutson, 113 F.3d 27, 29 (5th Cir.1997) (same); United States v. Parker, 108 F.3d 28, 30 (3rd Cir.1997), cert. denied, --- U.S. ----, 118 S.Ct. 111 , 139 L.Ed.2d 64 (1997) (same); United States v. Olin Corp., 107 F.3d 1506, 1509 (11th Cir.1997) (same); United States v. Bramble, 103 F.3d 1475, 1482 (9th Cir.1996) (same); Terry v. Reno, 101 F.3d 1412, 1416 (D.C.Cir.1996), cert. denied, 520 U.S. 1264 , 117 S.Ct. 2431 , 138 L.Ed.2d 193 (1997) (same); Proyect v. United States, 101 F.3d 11, 12 (2d Cir.1996…
discussed Cited as authority (rule) United States v. Riley
S.D.N.Y. · 1997 · confidence medium
Moreover, “[t]he nexus to interstate commerce ... is determined by the class of activities regulated by the statute as a whole, not by the simple act for which an individual defendant is convicted.” Proyect v. United States, 101 F.3d 11, 13 (2d Cir. 1996).
discussed Cited as authority (rule) United States v. Miller
unknown court · 1997 · confidence medium
See United States v. Genoa, 79 F.3d 1333, 1386-37 (2d Cir.1996) (Lopez “did not purport to overrule those cases that have upheld application of the Commerce Clause power to wholly intrastate activities”); see also United States v. Robertson, 514 U.S. 669, 670-72 , 115 S.Ct. 1732, 1733 , 131 L.Ed.2d 714 (1995) (per curiam) (reinstating RICO conviction where government had shown that the enterprise itself engaged in interstate commerce); Prayect v. United States, 101 F.3d 11, 14 (2d Cir.1996) (per curiam) (“The fact that certain intrastate activities within this class [of regulated activit…
discussed Cited as authority (rule) United States v. Miller
unknown court · 1997 · confidence medium
See United States v. Genao, 79 F.3d 1333, 1336-37 (2d Cir.1996) (Lopez "did not purport to overrule those cases that have upheld application of the Commerce Clause power to wholly intrastate activities"); see also United States v. Robertson, 514 U.S. 669, 670-72 , 115 S.Ct. 1732, 1733 , 131 L.Ed.2d 714 (1995) (per curiam) (reinstating RICO conviction where government had shown that the enterprise itself engaged in interstate commerce); Proyect v. United States, 101 F.3d 11, 14 (2d Cir.1996) (per curiam) ("The fact that certain intrastate activities within this class [of regulated activities co…
discussed Cited as authority (rule) United States v. David T. Donnelly
7th Cir. · 1997 · confidence medium
See United States v. Lopez, 115 S.Ct. 1624 (1995) (the general regulatory statute bears a substantial relation to commerce and therefore the de minimis character of individual instances arising under that statute is of no consequence); United States v. Stillo, 57 F.3d 553 , 558 n. 2 (7th Cir.1995) (Lopez does not undermine this Court's precedents that minimal potential effect on commerce is all that need be proven to support a conviction); United States v. Leshuk, 65 F.3d 1105, 1112 (4th Cir.1995) (intrastate drug trafficking may properly be regulated by Congress under the Commerce Clause); Pr…
examined Cited as authority (rule) United States v. Olin Corporation (3×) also: Cited "see"
11th Cir. · 1997 · confidence medium
The proper analysis first requires identification of the "class of activities" involved in the case.7 The class always "could be defined so narrowly as to cover only those activities that do not have a substantial impact on interstate commerce." Proyect v. United States, 101 F.3d 11, 14 (2d Cir.1996) (ruling that class of activities covered by drug control law was not "cultivation and personal consumption of marijuana," but rather "manufacture of controlled substances").
examined Cited as authority (rule) Usa, Acting at Request of the Administrator of the United States Environmental Protection Agency (Epa) v. Olin Corporation (3×) also: Cited "see"
11th Cir. · 1997 · confidence medium
The proper analysis first requires identification of the “class of activities” involved in the case. 7 The class always “could be defined so narrowly as to cover only those activities that do not have a substantial impact on interstate commerce.” Proyect v. United States, 101 F.3d 11, 14 (2d Cir.1996) (ruling that class of activities covered by drug control law was not “cultivation and personal consumption of marijuana,” but rather “manufacture of controlled substances”).
cited Cited "see" Wood v. Eubanks
S.D. Ohio · 2020 · signal: see · confidence high
See Dickerson v. McClellan, 101 F.3d 11 1151, 1157 (6th Cir. 1996).
cited Cited "see" Wood v. Eubanks
S.D. Ohio · 2020 · signal: see · confidence high
See Dickerson v. McClellan, 101 F.3d 11 1151, 1157 (6th Cir. 1996).
examined Cited "see" Raich v. Ashcroft (4×) also: Cited "see, e.g."
9th Cir. · 2003 · signal: see · confidence high
See Proyect v. United States, 101 F.3d 11, 14 (2d Cir.1996) (per curiam) (rejecting Commerce Clause challenge to a conviction under 21 U.S.C. § 841 (a)(1) for growing marijuana even though there was no evidence that the drug was intended for interstate distribution).
cited Cited "see" United States v. Eric Holston
2d Cir. · 2003 · signal: see · confidence high
See Proyect, 101 F.3d at 14 .
cited Cited "see" United States v. Murgas
N.D.N.Y. · 1998 · signal: see · confidence high
See Proyect v. United States, 101 F.3d 11, 12 (2d Cir.1996); United States v. Adames, 901 F.2d 11, 12 (2d Cir.1990); cf. 21 U.S.C. § 841 (a)(1).
cited Cited "see" United States v. Goodwin
unknown court · 1997 · signal: accord · confidence high
United States v. Genao, 79 F.3d 1333, 1337 (2d Cir.1996); accord Proyect v. United States, 101 F.3d 11, 13 (2d Cir.1996) (per curiam).
cited Cited "see" United States v. Goodwin
unknown court · 1997 · signal: accord · confidence high
United States v. Genao, 79 F.3d 1333, 1337 (2d Cir.1996); accord Proyect v. United States, 101 F.3d 11, 13 (2d Cir.1996) (per curiam).
discussed Cited "see, e.g." Cayuga Nation, by and through its lawful governing body, the Cayuga Nation Council v. Dustin Parker, Nora Weber, Paul Meyer, Justice for Native First People, LLC, C.B. Brooks LLC, and John Does 1–10
N.D.N.Y. · 2025 · signal: see also · confidence low
Where, as here, “a RICO enterprise’s business is [alleged] narcotics trafficking, that enterprise must be viewed as substantially affecting interstate commerce, even if individual predicate acts occur solely within a state.” United States v. Miller, 116 F.3d 641, 674 (2d Cir. 1997); see also, e.g., Proyect v. United States, 101 F.3d 11 , 13–14 (2d Cir. 1996) (explaining that “[i]n the case of section 841(a)(1), the class of regulated activities, even if narrowly defined as the manufacture of controlled substances, undoubtedly has a substantial impact on interstate commerce,” and ex…
cited Cited "see, e.g." United States v. Zhen Guan
2d Cir. · 2013 · signal: see also · confidence medium
See, e.g., id. at 90 ; see also Proyect v. United States, 101 F.3d 11, 14 (2d Cir. 1996) (per curiam).
cited Cited "see, e.g." United States v. Zhen Guan
2d Cir. · 2013 · signal: see also · confidence medium
See, e.g., id. at 90; see also Proyect v. United States, 101 F.3d 11, 14 (2d Cir.1996) (per curiam).
discussed Cited "see, e.g." United States v. Mark A. Harris, AKA \Sealed Defendant
unknown court · 2004 · signal: see also · confidence medium
Holston, 343 F.3d at 90-91 ; see also Proyect, 101 F.3d at 14 (noting that where Congress has, through a valid exercise of its powers under the Commerce Clause, enacted legislation prohibiting a class of activities substantially affecting interstate commerce, “[t]he fact that certain intrastate activities within this class ... may not actually have a significant effect on interstate commerce is ... irrelevant”).
discussed Cited "see, e.g." United States v. Domenic Lombardi Realty, Inc.
D.R.I. · 2002 · signal: see also · confidence medium
See id. at 500 (“Courts have consistently upheld Congress’s authority to regulate private activities in order to ... protect the environment.”); see also Proy *329 ect v. United States, 101 F.3d 11, 13 (2d Cir.1996).
discussed Cited "see, e.g." United States v. Charles W. Westbrook
7th Cir. · 1997 · signal: see, e.g. · confidence medium
See, e.g., Proyect v. United States, 101 F.3d 11, 11 (2d Cir.1996) (per curiam) (holding that 21 U.S.C. § 841 represents a valid exercise of the commerce power) (collecting cases); United States v. Zorrilla, 93 F.3d 7, 8 (1st Cir.1996) (listing cases 'that hold that "drug trafficking is precisely the kind of economic enterprise that substantially affects interstate commerce and that, therefore, comes within Congress's regulatory power under the Commerce Clause”); Unit *1010 ed States v. Lerebours, 87 F.3d 582, 584-85 (1st Cir.1996) (holding that Congress had the authority under the Commerce…
cited Cited "see, e.g." United States v. Chapman
W.D. Mich. · 1997 · signal: see also · confidence medium
See also Proyect v. United States, 101 F.3d 11, 12 (2d Cir.1996) (marijuana manufacturing); United States v. Watson, 942 F.Supp. 1378, 1383-86 (D.Kan.1996) (intrastate possession of crack).
Retrieving the full opinion text from the archive…
Joel PROYECT, Petitioner-Appellant,
v.
UNITED STATES of America, Respondent-Appellee
Nov 21, 1996.
101 F.3d 11
1996 U.S. App. LEXIS 30116
1996 WL 671898
Joel M. Proyect, pro se, Montgomery, PA, for Petitioner-Appellant., Jamie L. Kogan, Assistant United States Attorney, Southern District of New York, \New York City (Mary Jo White
Oakes, Calabresi, Haight.
United States Attorney
PER CURIAM:

This case involves a challenge to 21 U.S.C. § 841(a)(1), which criminalizes the manufacture of marijuana, on the ground that Congress, in passing the. statute, exceeded its power under the Commerce Clause of the Constitution, U.S. Const. art. I, § 8, cl. 3. Like every other court to have considered the issue, we reject this argument.

In August 1991, following an investigation that indicated that he 'was growing marijuana, Joel Proyeet was placed under arrest. More than 100 marijuana plants were seized from his property. In February 1992, Proyect pleaded guilty to manufacturing marijuana in violation of 21 U.SIC. § 841(a)(1), which makes it “unlawful for any person knowingly or intentionally to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance.” On May 29, 1992, he was sentenced to the statutory mandatory minimum five years’ imprisonment. See 21 U.S.C. § 841(b)(1)(B). On direct appeal, Proyeet challenged his sentence on a number of grounds. We rejected each of his claims. See United States v. Proyect, 989 F.2d 84 (2d Cir.), cert. denied, 510 U.S. 822, 114 S.Ct. 80, 126 L.Ed.2d 49 (1993).

In September 1995, Proyeet filed a petition in the district court, pursuant to 28 U.S.C. § 2255, seeking to vacate his conviction and sentence. In his petition, Proyeet argued that, under the Supreme Court’s recent decision in United States v. Lopez, — U.S. —, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995), Congress had exceeded its authority in enacting 21 U.S.C. § 841(a)(1), because that statute criminalizes the manufacture of marijuana without requiring an intent to distribute it in commerce. Judge Brieant denied the petition on January 3, 1996. Proyeet now appeals that decision.

The Commerce Clause empowers Congress “[t]o regulate Commerce ... among the several States.” U.S. Const. art. I, § 8, cl. 3. In Lopez, the Supreme Court held that Congress had exceeded its power under the Commerce Clause in enacting the Gun-Free School Zones Act of 1990, 18 U.S.C. § 922(q), which made it a federal offense “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.” This was so because the act “neither regulate[d] a commercial activity nor contain[ed] a requirement that the possession be connected in any way to interstate commerce.” Lopez, — U.S. at -, 115 S.Ct. at 1626. Proyeet argues that the Supreme Court’s reasoning in Lopez, and its renewed willingness to place limits on congressional power, render his conviction under 21 U.S.C. § 841(a)(1) invalid. We disagree.

In Lopez, the Court noted that Congress had made no explicit findings about the effect upon interstate commerce of gun possession in proximity to schools. See Lopez, — U.S. at -, 115 S.Ct. at 1631. By contrast, in passing the Comprehensive Drug Abuse Prevention and Control Act of 1970, Pub.L. No. 91-513, 84 Stat. 1236 (codified as amended at 21 U.S.C. § 801 et seq.) (the “Controlled Substances Act”), Congress found and declared:

A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce....

21 U.S.C. § 801(3) (emphasis added); cf. United States v. Genao, 79 F.3d 1333, 1337 (2d Cir.1996) (noting that “Congress has made specific findings that local narcotics activity has a substantial effect on interstate commerce”). It is well-settled that a reviewing court “must defer to a congressional finding that a regulated activity affects interstate commerce if there is any rational basis for such a finding.” Preseault v. ICC, 494 U.S.[*13] 1, 17, 110 S.Ct. 914, 924, 108 L.Ed.2d 1 (1990) (citation and internal quotation marks omitted). And there is ample basis for these findings of Congress. See, e.g., United States v. Lopez, 459 F.2d 949, 953 (5th Cir.1972) (upholding section 841(a)(1) and noting that, “[o]bviously, there was a rational basis for these findings because they stemmed from statistical reports and extensive testimony”).

The Supreme Court in Lopez farther explained that it struck down the Gun-Free School Zones Act because:

Section 922(q) is a criminal statute that by its terms has nothing to do with “commerce” or any sort of economic enterprise, however broadly one might define those terms. Section 922(q) is not an essential part of a larger regulation of economic activity, in which the regulatory scheme could be undercut unless the intrastate activity were regulated. It cannot, therefore, be sustained under our eases upholding regulations of activities that arise out of or are connected with a commercial transaction, which viewed in the aggregate, substantially affects interstate commerce.

Lopez, — U.S. at -, 115 S.Ct. at 1630-31 (footnote omitted). The difference between this and the manufacture and distribution of controlled substances is striking. These activities are commercial by their very nature. Indeed, in upholding a different section of the Controlled Substances Act (21 U.S.C. § 846), we recently noted that, in contrast to the statute invalidated in Lopez, “[t]he Controlled Substances Act concerns an obviously economic activity.” Genao, 79 F.3d at 1337.

It is therefore not surprising' that every court that has considered the question, both before and after the Supreme Court’s decision in Lopez, has concluded that section 841(a)(1) represents a valid exercise of the commerce power. See, e.g., United States v. Edwards, 98 F.3d 1364, 1369 (D.C.Cir.1996); United States v. Kim, 94 F.3d 1247, 1249-50 (9th Cir.1996); United States v. Bell, 90 F.3d 318, 321 (8th Cir.1996); United States v. Lerebours, 87 F.3d 582, 584-85 (1st Cir.1996); United States v. Wacker, 72 F.3d 1453, 1475 (10th Cir.1995), cert. denied, — U.S. -, 117 S.Ct. 136, 136 L.Ed.2d 84 (1996); United States v. Leshuk, 65 F.3d 1105, 1111-12 (4th Cir.1995); United States v. Scales, 464 F.2d 371, 375 (6th Cir.1972); Lopez, 459 F.2d at 953.

Proyect attempts to distinguish this body of authority by arguing that, while growing marijuana for distribution has a significant impact on interstate commerce, growing marijuana only for personal consumption does not. Despite the fact that he was convicted of growing more than 100 marijuana plants, making it very unlikely that he personally intended to consume all of his crop, Proyect contends that no one may be convicted under a statute that fails to distinguish between the cultivation of marijuana for distribution and the cultivation of marijuana for personal consumption. This contention is without merit.

Lopez did not purport to undermine the long-standing doctrine that “Congress may regulate activity that occurs wholly within a particular state if the activity has a sufficient nexus to interstate commerce.” Genao, 79 F.3d at 1335. The nexus to interstate commerce, moreover, is determined by the class of activities regulated by the statute as a whole, not by the simple act for which an individual defendant is convicted. Thus, Congress unquestionably has the power

to declare that an entire class of activities affects commerce. The only question for the courts is then whether the class is within the reach of the federal power. The contention that in Commerce Clause cases the courts have the power to excise, as trivial, individual instances falling within a rationally defined class of activities has been put entirely to rest.

Maryland v. Wirtz, 392 U.S. 183, 192-93, 88 S.Ct. 2017, 2022, 20 L.Ed.2d 1020 (1968) (footnotes and internal quotation marks omitted); see also Perez v. United States, 402 U.S. 146, 154, 91 S.Ct. 1357, 1361, 28 L.Ed.2d 686 (1971).

In the case of section 841(a)(1), the class of regulated activities, even if narrowly defined as the manufacture of controlled substances, undoubtedly has a substantial impact on interstate commerce. See, e.g., Leshuk, 65 F.3d at 1112 (upholding the congressional finding “that intrastate manufacture, distribution, and possession of controlled substances, as a class of activities, have a sub[*14] stantial and direct effect upon interstate” commerce); Lopez, 459 F.2d at 952-53. The fact that certain intrastate activities within this class, such as growing marijuana solely for personal consumption, may not actually have a significant, effect on interstate commerce is therefore irrelevant. [1] Cf. Genao, 79 F.3d at 1336 (“Because narcotics trafficking represents a type of activity that Congress reasonably found substantially affected interstate commerce, the actual effect that each drug conspiracy has on interstate commerce is constitutionally irrelevant.”).

Proyect would have this court define the class of activities at issue as the cultivation of marijuana without intent to distribute in commerce. But defining the class in such terms would circumvent the mandate, reaffirmed in Lopez, that “ “where a general regulatory statute bears a substantial relation to commerce, the de minimis character of individual instances arising under that statute is of no consequence.’ ” Lopez, — U.S. at -, 115 S.Ct. at 1629 (quoting Wirtz, 392 U.S. at 197 n. 27, 88 S.Ct. at 2024 n. 27) (emphasis in Lopez). Any class of economic activities could be defined so narrowly'as to cover only those activities that do not have a substantial impact on interstate commerce. For instance, a defendant convicted of conspiracy to distribute narcotics under 21 U.S.C. § 846 could argue that his crime occurred entirely intrastate and that, to the extent that section 846 covers a class of activities that can be defined as “conspiracy to distribute narcotics locally in such a way as to have no effect on interstate commerce,” the statute is unconstitutional. But we have recently held expressly to the contrary. See Genao, 79 F.3d at 1336-37.

We therefore join the Fourth Circuit and the District of Maine in rejecting the claim that 21 U.S.C. § 841(a)(1), by criminalizing the act of growing marijuana solely for personal consumption, is unconstitutional. See Leshuk, 65 F.3d at 1112 (section 841(a)(1) “is not unconstitutional as applied if [the defendant’s] possession and cultivation, were for personal use and did not substantially affect interstate commerce,” because “Lopez expressly reaffirmed the principle that where a general regulatory statute bears a substantial relation to commerce, the de minimis character of individual instances arising under that statute is of no consequence”) (citations and internal quotation marks omitted); United States v. Smith, 920 F.Supp. 245, 248 (D.Me.1996) (“Even if it be true that Defendant merely intended to use the marijuana for himself, that fact makes no difference. The government need not demonstrate a nexus to interstate commerce in every prosecution pursuant to section 841(a)(1).”); see also United States v. Visman, 919 F.2d 1390, 1393 (9th Cir.1990) (holding “that Congress may constitutionally regulate intrastate criminal cultivation of marijuana plants found rooted in the soil”).

Because we find that 21 U.S.C. § 841(a)(1) represents a valid exercise of the commerce power, we affirm the order of the district court dismissing Proyect’s section 2255 petition.

1

. In any event, the cultivation of marijuana for personal consumption most likely does substantially affect interstate commerce. This is so because “it supplies a need of the man who grew it which would otherwise be reflected by purchases in the open market." Wickard v. Filburn, 317 U.S. 111, 128, 63 S.Ct. 82, 91, 87 L.Ed. 122 (1942). As such, there is "no doubt that Congress may properly have considered that [marijuana] consumed on the [property] where grown if wholly outside the scheme of regulation would have a substantial effect” on interstate commerce. Id. at 128-29, 63 S.Ct. at 90-91.