At page 1109 “contains jurisdictional language that requires the prosecutor to establish a connection to interstate commerce because the statute's coverage is limited to banks that are members of the federal reserve system or insured by the fdic.”25 citing cases
- United States v. Robinson, No. 02-2232 (6th Cir. Nov. 12, 2004).“these financial institutions are instrumentalities and channels of interstate commerce and their regulation is well within congress's commerce clause power. section 2113 withstands constitutional analysis under lopez.”
- Mayorga v. Ronaldo, No. 2:19-cv-00168 (D. Nev. Sept. 30, 2020).Financial 14 institutions that are insured by these federal corporations are “instrumentalities and channels of interstate commerce and their regulation is well within Congress’s Commerce Clause power.” 15 U.S. v. Harris, 108 F.3d 1107, 11…
- United States v. Willie Applewhite, 368 F. App'x 790 (9th Cir. 2010).See United States v. Blajos, 292 F.3d 1068, 1071-72 (9th Cir.2002); United States v. Harris, 108 F.3d 1107, 1109 (9th Cir.1997).
- United States v. Aguila-Montes De Oca, 523 F.3d 1071 (9th Cir. 2008).See, e.g., Rodriguez-Rodriguez, 393 F.3d at 857-58 ; United States v. Velasco-Medina, 305 F.3d 839, 852 (9th Cir.2002) (citing United States v. Broce, 488 U.S. 563, 570 , 109 S.Ct. 757 , 102 L.Ed.2d 927 (1989); United States v. Harris, 108…
- United States v. Lopez-Caballero, 69 F. App'x 382 (9th Cir. 2003).([A] guilty plea conclusively proves the factual allegations contained in the indictment.)
- United States v. Pedro Velasco-Medina, 305 F.3d 839 (9th Cir. 2002).([A] guilty plea conclusively proves the factual allegations contained in the indictment.)
- United States v. Jones, 41 F. App'x 632 (4th Cir. 2002).See United States v. Wicks, 132 F.3d 383, 390 (7th Cir.1997) (noting that any argument which claims that § 2113 exceeds Congress’ powers under the Commerce Clause would be untenable); United States v. Harris, 108 F.3d 1107, 1109 (9th Cir.1…
- United States v. Spinello, No. 00-3504 (3d Cir. Sept. 12, 2001). The Ninth Circuit, in the course of rejecting the same lack of nexus argument raised here, concluded that it was sufficient that S 2113 "contains jurisdictional language that requires the prosecutor to establish a connection to interstate…
- United States v. Robert Spinello, 265 F.3d 150 (3d Cir. 2001). The Ninth Circuit, in the course of rejecting the same lack of nexus argument raised here, concluded that it was sufficient that § 2113 “contains jurisdictional language that requires the prosecutor to establish a connection to interstate…
- United States of Am., Plaintiff-Appellee/cross-Appellant v. Johnny P. Watts, Defendant-Appellant/cross-Appellee, 256 F.3d 630 (7th Cir. 2001). (noting that § 2113’s regulation of banks that are insured by the Federal Deposit Insurance Corporation (FDIC) ensures that Congress has acted well within its Commerce Clause power)
Show 15 more citing cases
- United States v. Watts, Johnny P., No. 00-4008 (7th Cir. July 5, 2001). (noting that sec. 2113’s regulation of banks that are insured by the Federal Deposit Insurance Corporation (FDIC) ensures that Congress has acted well within its Commerce Clause power)
- United States v. Spinello, 95 F. Supp. 2d 242 (D.N.J. 2000). See, e.g., United States v. Rodia, 194 F.3d 465 (3d Cir.1999) (upholding federal statute prohibiting intrastate possession of child pornography as within commerce power); United States v. Parker, 108 F.3d 28 (3d Cir.1997) (upholding Child…
- United States v. Nguyen, No. 97-3106 (10th Cir. Sept. 3, 1998).(same as to crime of violence)
- United States v. Phouc H. Nguyen, A/K/A Jimmy Nguyen, 155 F.3d 1219 (10th Cir. 1998).(same as to crime of violence)
- United States v. Benny R. Wicks, 132 F.3d 383 (7th Cir. 1997).United States v. Wilson, 73 F.3d 675, 694 (7th Cir.1995) (Coffey, J., dissenting); United States v. Harris, 108 F.3d 1107, 1109 (9th Cir.1997); United States v. Fryer, 896 F.Supp. 763, 764-65 (N.D.Ill.1995).
- United States v. Jawed Ahmadi, No. 18-10121 (9th Cir. Mar. 28, 2019).See United States v. Harris, 108 F.3d 1107, 1109 (9th Cir. 1997).
- Fernando Malta-Espinoza v. Alberto R. Gonzales, Attorney Gen., 478 F.3d 1080 (9th Cir. 2007). See United States v. Harris, 108 F.3d 1107, 1109 (9th Cir.1997) ( citing United States v. Mathews, 833 F.2d 161, 164 (9th Cir.1987)("a guilty plea conclusively proves the factual allegations contained in the indictment")); see also United…
- Malta-Espinoza v. Gonzales, No. 04-71140 (9th Cir. Mar. 1, 2007).See United States v. Harris, 108 F.3d 1107, 1109 (9th Cir. 1997) (citing United States v. Mathews, 833 F.2d 161, 164 (9th Cir. 1987)(“a guilty plea conclusively proves the fac- tual allegations contained in the indictment”)); see also Unit…
- United States v. John G. Reynard, 473 F.3d 1008 (9th Cir. 2007). (explaining that the federal bank robbery statute is a permissible exercise of Congress's Commerce Clause power)
- United States v. Reynard, No. 02-50476 (9th Cir. Jan. 11, 2007).(explaining that the federal bank robbery statute is a permissi- ble exercise of Congress’s Commerce Clause power)
- United States v. Brown, 172 F. App'x 206 (9th Cir. 2006).See United States v. Harris, 108 F.3d 1107, 1109 (9th Cir.1997); see also United States v. Blajos, 292 F.3d 1068, 1072 (9th Cir.2002).
- United States v. Ramos, 47 F. App'x 471 (9th Cir. 2002).See United States v. Harris, 108 F.3d 1107, 1109 (9th Cir.1997).
- United States v. Robert Rollins, 301 F.3d 511 (7th Cir. 2002).See United *521 States v. Watts, 256 F.3d 630, 634 (7th Cir.2001) (holding that “FDIC-insured financial institutions are instrumentalities and channels of interstate commerce and their protection from robbery is well within Congress’s Comm…
- United States v. Rollins, Robert, No. 01-3921 (7th Cir. Aug. 19, 2002).See United States v. Watts, 256 F.3d 630, 634 (7th Cir. 2001) (holding that “FDIC-insured financial institutions are instrumentalities and channels of interstate commerce and their protection from robbery is well within Congress’s Commerce…
- United States v. Michael Kluver, No. 99-1848 (8th Cir. Nov. 15, 2000).(FDIC-insured bank is instrumentality of interstate commerce, and § 2113 thus is valid exercise of Congress’s Commerce Clause power)
At page 1108 plea admits factual basis for jurisdiction17 citing cases
- Nolan v. United States, 870 F. Supp. 2d 254 (D. Mass. 2012).See, e.g., United States v. Lee, 439 F.3d 381, 386 (7th Cir.2006) (“All federally-insured banks operate in and affect interstate commerce”); United States v. Robinson, 389 F.3d 582, 593 (6th Cir.2004) (court rejects argument, which is “pop…
- United States v. Arnett, 84 F. App'x 939 (9th Cir. 2003). United States v. Harris, 108 F.3d 1107, 1108 (9th Cir.1997).
- United States v. Arnett, 64 F. App'x 613 (9th Cir. 2003). United States v. Harris, 108 F.3d 1107, 1108 (9th Cir.1997).
- United States v. Maurice Mosley, 145 F.3d 1343 (9th Cir. 1998).Mosley's sole issue on appeal is his challenge to the federal bank robbery statute, and it is without merit, because "[f]ederal courts have jurisdiction over a bank robbery offense where the bank was a federally insured institution." Unite…
- United States v. Raul Lopez Escobar, 132 F.3d 41 (9th Cir. 1997).We review de novo the denial of a section 2255 motion, see United States v. Harris, 108 F.3d 1107, 1108 (9th Cir.1997), and we affirm. 3 First, Escobar contends that the district court improperly calculated his base offense level.
- United States v. Richard B. Bustamante, 132 F.3d 40 (9th Cir. 1997).Notwithstanding that Bustamante did not present this contention to the district court in his section 2255 motion, see United States v. Hearst, 638 F.2d 1190 , 1193 n. 3 (9th Cir.1980), the district court had jurisdiction, see United States…
- United States v. Otto Luis Ducasse-Herrera, 124 F.3d 213 (9th Cir. 1997).We review de novo the denial of a section 2255 motion, see United States v. Harris, 108 F.3d 1107, 1108 (9th Cir.1997), and we affirm. 3 Ducasse-Herrera first contends--and the government concedes--that the evidence was insufficient to con…
- United States v. Orlando Dejesus Arango, 124 F.3d 213 (9th Cir. 1997).We review de novo the denial of a section 2255 motion, see United States v. Harris, 108 F.3d 1107, 1108 (9th Cir.1997), and we affirm. 3 Arango contends that his counsel was ineffective because he did not contest the inclusion in Arango's…
- Corey Maurice Treadwell v. Joel H. Knowles, Warden, 124 F.3d 212 (9th Cir. 1997).(federal government's jurisdiction to convict prisoner of bank robbery challenged in § 2255 motion)
- United States v. Marcos Samuel Jacobo-Quiroz, 122 F.3d 1075 (9th Cir. 1997).We review de nova the denial of a section 2255 motion, see United States Harris, 108 F.3d 1107, 1108 (9th Cir.1997), and affirm. 3 Jacobo-Quiroz first contends his counsel was ineffective because he did not comply with Jacobo-Quiroz's dema…
Show 7 more citing cases
- United States v. Genaro Brandell Patterson, 122 F.3d 1075 (9th Cir. 1997).We review de novo the denial of a section 2255 motion, see United States v. Harris, 108 F.3d 1107, 1108 (9th Cir.1997), and we affirm. 3 Patterson first contends his counsel was ineffective because: he did not object at sentencing to an ag…
- United States v. Robert Ray Buker, 120 F.3d 269 (9th Cir. 1997).United States v. Harris, 108 F.3d 1107, 1108 (9th Cir.1997). 7 Buker first argues that the district court violated his due process rights when, allegedly without notice, it consolidated his sentencing hearing with his § 4244 hearing, affor…
- United States v. Robert Ben Williams, 120 F.3d 269 (9th Cir. 1997).We review de novo the denial of a section 2255 motion, see United States v. Harris, 108 F.3d 1107, 1108 (9th Cir.1997), and we affirm. 3 Williams contends the district court erred by using a 1974 state burglary conviction to enhance his se…
- United States v. Steven White, No. 98-3038 (8th Cir. Dec. 10, 1999).See United States v. Harris, 108 F.3d 1107, 1108-09 (9th Cir. 1997); United States v. McMillian, 535 F.2d 1035 , 1037 n.1 (8th Cir. 1976), cert. denied, 434 U.S. 1074 (1978).
- United States v. Lorenz Vilim Karlic, 116 F.3d 1487 (9th Cir. 1997). See United States v. Harris, 108 F.3d 1107, 1108-09 (9th Cir.1996). 15 Here, Karlic's indictment states that the banks involved in his offenses are insured by the Federal Deposit Insurance Corporation.
- United States v. Cazares, 121 F.3d 1241 (9th Cir. 1997).(plea admits factual basis for jurisdiction)
- United States v. Adrian Parra Cazares, United States of Am. v. Francisco Alvarez-Sanchez, (Two Cases), 112 F.3d 1391 (9th Cir. 1997).(plea admits factual basis for jurisdiction)
Other citing cases
- United States v. Furrow, 125 F. Supp. 2d 1178 (C.D. Cal. 2000).
- United States v. Gerald Wayne Hannah, 145 F.3d 1342 (9th Cir. 1998).
v.
James Reed Harris
James Reed Harris appeals the denial of his 28 U.S.C. § 2255 motion to vacate his conviction and sentence. He pleaded guilty and was convicted and sentenced for armed bank robbery in violation of 18 U.S.C. § 2113(a) and (d), and using and carrying a firearm during and in relation to a crime of violence in violation of 18 U.S.C. § 924(e)(1). He contends that the State of Washington, not the federal government, had jurisdiction to convict him, and that under United States v. Lopez, 514 U.S. 549, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995), the statutes under which he was convicted are unconstitutional because they have no nexus to interstate commerce.
We review de novo the denial of a § 2255 motion. United States v. Span, 75 F.3d 1383, 1386 (9th Cir.1996). We have jurisdiction under 28 U.S.C. § 2255, and we affirm.
Federal courts have jurisdiction over a bank robbery offense where the bank was a federally insured institution. See United States v. Mohawk, 20 F.3d 1480, 1482 n. 1 (9th Cir.1994); see also 18 U.S.C. § 2113(f) (1994) (for purposes of statute, “bank” means any bank whose deposits are insured by the Federal Deposit Insurance Corporation); 18 U.S.C.'§ 3231 (1994) (“The district courts of[*1109] the United States shall have original jurisdiction ... of all offenses against the laws of the United States.”). “[I]f a state bank chooses to come into the System created by the United States, the United States may punish acts injurious to the System, although done to a corporation that the State is also entitled to protect.” Toles v. United States, 308 F.2d 590, 594 (9th Cir.1962)(quoting Westfall v. United States, 274 U.S. 256, 258, 47 S.Ct. 629, 71 L.Ed. 1036 (1927)).
Harris’s indictment states that deposits of the bank he robbed were insured by the FDIC. Harris admitted this factual basis for jurisdiction when he pleaded guilty. See United States v. Mathews, 833 F.2d 161, 164 (9th Cir.1987) (a guilty plea conclusively proves the factual allegations contained in the indictment, including the factual basis for jurisdiction). His argument that the district court lacked jurisdiction is without merit.
Harris contends that 18 U.S.C. § 2113(a) and (d) and 18 U.S.C. § 924(e)(1) are unconstitutional under Lopez because they lack the necessary nexus to interstate commerce. “Lopez invalidated the Gun-Free School Zones Act of 1990, 18 U.S.C. § 922(q), because the statute regulated neither the channels nor the instrumentalities of interstate commerce, and' ‘ha[d] nothing to do with commerce or any sort of economic enterprise.’ ” United States v. Randolph, 93 F.3d 656, 660 (9th Cir.1996)(quoting Lopez, 514 U.S. at --, 115 S. Ct at 1630-31).
The federal bank robbery statute contains jurisdictional language that requires the prosecutor to establish a connection to interstate commerce because the statute’s coverage is limited to banks that are members of the Federal Reserve System or insured by the FDIC. 18 U.S.C. § 2113(f); see United States v. Wilson, 73 F.3d 675, 694 (7th Cir.1995)(Coffey, J., dissenting), cert. denied, - U.S. -, 117 S.Ct. 47, 136 L.Ed.2d 12 (1996). These financial institutions are instrumentalities and channels of interstate commerce and their- regulation is well within Congress’s Commerce Clause power. Section 2113 withstands constitutional analysis under Lopez.
We previously held that 18 U.S.C. § 924(c)(1) does not exceed Congress’s authority under the Commerce Clause and thus survives a challenge under Lopez. See United States v. Staples, 85 F.3d 461, 462-63 (9th Cir.), cert. denied, - U.S. -, 117 S.Ct. 318, 136 L.Ed.2d 233 (1996).
We affirm the denial of Harris’s motion under 28 U.S.C. § 2255.
AFFIRMED.