United States v. Myron Dupree, 258 F.3d 1258 (11th Cir. 2001). · Go Syfert
United States v. Myron Dupree, 258 F.3d 1258 (11th Cir. 2001). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, last quoted 2011 · …minimal nexus to interstate commerce at p. 1260
95 citation events (95 in the last 25 years) across 6 distinct courts.
Strongest positive: United States v. Grover Vaughn (ca6, 2024-10-30) · Strongest negative: United States v. Fred Holton (ca11, 2014-07-07)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" United States v. Fred Holton (2×) also: Cited "see, e.g."
11th Cir. · 2014 · signal: but see · confidence high
See United States v. Smith, 532 F.3d 1125, 1127 (11th Cir.2008) (stating that a guilty plea waives all non jurisdictional challenges to a conviction); see also United States v. De La Garza, 516 F.3d 1266, 1271 (11th Cir.2008) (holding that challenges to a district court’s subject matter jurisdiction cannot be waived); but see Dupree, 258 F.3d at 1259 (stating in dicta that this Court could conclude that appellant waived his constitutional challenge to 18 U.S.C. § 922 (g)(1) because it was raised for first time on appeal).
discussed Cited as authority (rule) United States v. Grover Vaughn
6th Cir. · 2024 · confidence medium
See United States v. Joost, 133 F.3d 125, 131 (1st Cir. 1998); United States v. Santiago, 238 F.3d 213, 217 (2d Cir. 2001); United States v. Leuschen, 395 F.3d 155, 160-61 (3d Cir. 2005); United States v. Bostic, 168 F.3d 718, 723 (4th Cir. 1999); United States v. Alcantar, 733 F.3d 143, 146 (5th Cir. 2013); United States v. Wilson, 159 F.3d 280, 286 (7th Cir. 1998); United States v. Joos, 638 F.3d 581, 586 (8th Cir. 2011); United States v. Jones, 231 F.3d 508, 514-15 (9th Cir. 2000); United States v. Bayles, 310 F.3d 1302, 1308 (10th Cir. 2002); United States v. Dupree, 258 F.3d 1258, 1259 (1…
discussed Cited as authority (rule) Bryan Range v. Attorney General United States
3rd Cir. · 2023 · confidence medium
It addresses items sent in interstate commerce and the channels of commerce themselves, delineating that the latter be kept clear of firearms.”23 Accordingly, the societal problem 19 Id. 20 Title VII of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C.App. § 1202(a). 21 Lopez, 514 U.S. at 556 (favorably contrasting § 922(g)(1) with § 922(q), which the Court deemed unconstitutional for lack of a nexus to interstate commerce); Scarborough v. United States, 431 U.S. 563 (1977) (holding § 922(g)(1)’s predecessor statute constitutional); Bass, 404 U.S. 336 (same). 22 Lopez, …
discussed Cited as authority (rule) United States v. Joseph Bishop
11th Cir. · 2018 · confidence medium
E.g., United States v. Jordan, 635 F.3d 1181, 1189 (11th Cir. 2011) (repeating the holding that § 922(g) is neither facially unconstitutional, nor unconstitutional as applied to “a defendant who possessed a firearm only intrastate” when the government demonstrated that the firearm moved in interstate commerce); United States v. Dupree, 258 F.3d 1258, 1259-60 (11th Cir. 2001) (rejecting the argument that § 922(g) is unconstitutional, both facially and as applied, and that Congress exceeded its authority under the Commerce Clause in passing the statute); United States v. Scott, 263 F.3d 12…
cited Cited as authority (rule) United States v. Basilio Amaury Bron, Jr.
11th Cir. · 2017 · confidence medium
Scott, 263 F.3d at 1273 ; United States v. Dupree, 258 F.3d 1258, 1259-60 (11th Cir. 2001).
discussed Cited as authority (rule) United States v. Kenneth Everette Robinson, Jr. (2×) also: Cited "see, e.g."
11th Cir. · 2017 · confidence medium
See United States v. Scott, 263 F.3d 1270, 1273 (11th Cir. 2001) (per curiam) (holding that “the jurisdictional element of the statute, i.e., the requirement that the felon possess in or affecting commerce, any firearm or ammunition, immunizes § 922(g)(1) from [a] facial constitutional attack”) (internal quotation marks omitted); United States v. Dupree, 258 F.3d 1258, 1259-60 (11th Cir. 2001) (rejecting the argument that § 922(g)(1) is unconstitutional, both facially and as-applied, because Congress exceeded its authority under the Commerce Clause in passing the statute); United States …
discussed Cited as authority (rule) United States v. Paul Simplice (2×) also: Cited "see"
11th Cir. · 2017 · confidence medium
United States v. Dupree, 258 F.3d 1258, 1259-60 (11th Cir. 2001).
discussed Cited as authority (rule) United States v. Daniel Charles Kirk (2×)
11th Cir. · 2016 · confidence medium
See, e.g., United States v. Jordan, 635 F.3d 1181 , 1189 *552 (11th Cir.2011) (“We have repeatedly held that Section 922(g)(1) is not a facially unconstitutional exercise of Congress’s power under the Commerce Clause because it contains an express jurisdictional requirement.”); United States v. Scott, 263 F.3d 1270, 1273 (11th Cir.2001) (reaffirming the holding that “the jurisdictional element of the statute, ie., the requirement that the felon ‘possess in or affecting commerce, any firearm or ammunition,’ immunizes § 922(g)(1) from [a] facial constitutional attack”); United Sta…
cited Cited as authority (rule) United States v. Jonathan Everett Gibson
11th Cir. · 2015 · confidence medium
See, e.g., United States v. Jordan, 635 F.3d 1181, 1189 (11th Cir.2011); United States v. Dupree, 258 F.3d 1258, 1260 (11th Cir.2001); United States v. McAllister, 77 F.3d 387, 391 (11th Cir.1996).
cited Cited as authority (rule) United States v. Eduardo Barnes
11th Cir. · 2015 · confidence medium
See United States v. Scott, 268 F.3d 1270, 1273 (11th Cir.2001); United States v. Dupree, 258 F.3d 1258, 1259-60 (11th Cir.2001).
discussed Cited as authority (rule) United States v. Daniel Charles Kirk (2×)
11th Cir. · 2014 · confidence medium
See, e.g., United States v. Jordan, 635 F.3d 1181, 1189 (11th Cir.2011) (“We have repeatedly held that Section 922(g)(1) is not a facially unconstitutional exercise of Congress’s power under the Commerce Clause because it contains an express jurisdictional requirement.”); United States v. Scott, 263 F.3d 1270, 1273 (11th Cir.2001) (reaffirming the holding that “the jurisdictional element of the statute, i.e., the requirement that the felon ‘possess in or affecting commerce, any firearm or ammunition,’ immunizes § 922(g)(1) from [a] facial constitutional attack”); United States v…
discussed Cited as authority (rule) United States v. Michael A. Moody (2×)
11th Cir. · 2014 · confidence medium
See, e.g., United States v. Jordan, 635 F.3d 1181, 1189 (11th Cir.2011) (“We have repeatedly held that Section -922(g)(1) is not a facially unconstitutional exercise of Congress’s power under the Commerce Clause because it contains an express jurisdictional requirement.”); United States v. Scott, 263 F.3d 1270, 1273 (11th Cir.2001) (reaffirming the holding that “the jurisdictional element of the statute, i.e., the requirement that the felon ‘possess in or affecting commerce, any firearm or ammunition,’ immunizes § 922(g)(1) from [a] facial constitutional attack”); United States …
discussed Cited as authority (rule) United States v. Jesse Charles Reverio
11th Cir. · 2014 · confidence medium
See Jordan, 635 F.3d at 1189 ; United States v. Scott, 263 F.3d 1270, 1273 (11th Cir.2001); United States v. Dupree, 258 F.3d 1258, 1259-60 (11th Cir.2001); Hiley v. Barrett, 155 F.3d 1276, 1277 (11th Cir.1998); United States v. McAllister, 77 F.3d 387, 389-90 (11th Cir.1996).
discussed Cited as authority (rule) United States v. Kenny Thrower
11th Cir. · 2013 · confidence medium
See United States v. Scott, 263 F.3d 1270, 1273 (11th Cir.2001) (holding that “the jurisdictional element of the statute, ie., the requirement that the felon ‘possess in or affecting commerce, any firearm or ammunition,’ immunizes § 922(g)(1) from [a] facial constitutional attack”); United States v. Dupree, 258 F.3d 1258, 1259-60 (11th Cir.2001) (rejecting the argument that § 922(g)(1) is unconstitutional, both facially and as applied, because Congress exceeded its authority under the Commerce Clause in passing the statute); United States v. McAllister, 77 F.3d 387, 389-90 (11th Cir.…
discussed Cited as authority (rule) United States v. Dwayne Dupuch (2×) also: Cited "see, e.g."
11th Cir. · 2012 · confidence medium
See United States v. Scott, 263 F.3d 1270, 1273 (11th Cir.2001) (holding “the jurisdictional element of the statute, ie., the requirement that the felon ‘possess *449 in or affecting commerce, any firearm or ammunition,’ immunizes § 922(g)(1) from [a] facial constitutional attack”); United States v. Dupree, 258 F.3d 1258, 1259-60 (11th Cir.2001) (rejecting the argument that § 922(g)(1) is unconstitutional, both facially and as applied, because Congress exceeded its authority under the Commerce Clause in passing the statute); United States v. Nichols, 124 F.3d 1265, 1266 (11th Cir.199…
discussed Cited as authority (rule) United States v. Tom Maurice Jones
11th Cir. · 2012 · confidence medium
United States v. Dupree, 258 F.3d 1258, 1259-60 (11th Cir.2001); Hiley v. Barrett, 155 F.3d 1276, 1277 (11th Cir.1998), aff'g, Nat’l Ass’n of Gov’t Emps., Inc. v. Barrett, 968 F.Supp. 1564 (N.D.Ga.1997).
discussed Cited as authority (rule) United States v. Kenneth D. Edwards (2×)
11th Cir. · 2011 · confidence medium
United States v. Scott, 263 F.3d 1270, 1273 (11th Cir.2001) (holding that “the jurisdictional element of the statute, ie., the requirement that the felon ‘possess in or affecting commerce, any firearm or ammunition,’ immunizes § 922(g)(1) from [a] facial constitutional attack”); United States v. Dupree, 258 F.3d 1258, 1259-60 (11th Cir.2001) (rejecting the argument that § 922(g)(1) is unconstitutional, both facially and as applied, because the jurisdictional element of § 922(g) brought it within Congress’ Commerce Clause powers); United States v. McAllister, 77 F.3d 387, 389-90 (1…
discussed Cited as authority (rule) United States v. Hayward Feaster
11th Cir. · 2010 · confidence medium
Further, we have held that § 922(g)(1) was not unconstitutional as applied to a defendant who only possessed a firearm intrastate because “ § 922(g) is an attempt to regulate guns that have a connection to interstate commerce” and the government showed that the firearm in question “had traveled in interstate commerce.” United States v. McAllister, 77 F.3d 387, 390 (11th Cir.1996); United States v. Dupree, 258 F.3d 1258, 1259-60 (11th Cir.2001).
discussed Cited as authority (rule) United States v. Hayward Feaster
11th Cir. · 2010 · confidence medium
Further, we have held that § 922(g)(1) was not unconstitutional as applied to a defendant who only possessed a firearm intrastate because “§ 922(g) is an attempt to regulate guns that have a connection to interstate commerce” and the government showed that the firearm in question “had traveled in interstate commerce.” United States v. McAllister, 77 F.3d 387, 390 (11th Cir. 1996); United States v. Dupree, 258 F.3d 1258, 1259-60 (11th Cir. 2001).
discussed Cited as authority (rule) United States v. Weeks
N.D. Ga. · 2009 · confidence medium
See United States v. Harris, 305 Fed-Appx. 552, 557-58 (11th Cir.2008) (unpublished) (recognizing that defendant’s facial and as-applied constitutional challenges to § 922(g) “drown in a flood of precedent”); United States v. Martin, 243 Fed.Appx. 568 , 569 (11th Cir.2007) (unpublished) (rejecting defendant’s facial and as-applied challenges to § 922(g)); United States v. Lamb, 162 Fed.Appx. 889, 892-93 (11th Cir.2006) (unpublished) (same); United States v. Scott, 263 F.3d 1270, 1274 (11th Cir.2001) (same); United States v. Dupree, 258 F.3d 1258, 1260 (11th Cir.2001) (finding § 922(…
discussed Cited as authority (rule) United States v. Knight (2×) also: Cited "see"
11th Cir. · 2009 · confidence medium
United States v. Dupree, 258 F.3d 1258, 1260 (11th Cir.2001); United States v. McAllister, 77 F.3d 387, 389 (11th Cir.1996).
discussed Cited as authority (rule) United States v. Luther Wayne Smith
11th Cir. · 2009 · confidence medium
His argument regarding the insufficiency of the evidence is also foreclosed by United States v. Dupree, 258 F.3d 1258, 1260 (11th Cir.2001) (noting that § 922(g) requires only a “minimal nexus to interstate commerce” and finding as sufficient evidence the fact that the defendant had been arrested in Georgia but in possession of a gun manufactured in California).
discussed Cited as authority (rule) United States v. Donald Frank Smith (2×) also: Cited "see"
11th Cir. · 2009 · confidence medium
Smith acknowledges that the evidence—the gun was manufactured in Massachusetts, sold in Missouri, and discovered in Georgia—was sufficient to establish that the firearm “traveled in interstate commerce.” United States v. Clay, 355 F.3d 1281, 1286-87 (11th Cir.2004) (quoting United States v. Reynolds, 215 F.3d 1210 , 1215 (11th Cir.2000)); United States v. Dupree, 258 F.3d 1258, 1260 (11th Cir.2001).
discussed Cited as authority (rule) United States v. Harris (2×) also: Cited "see"
11th Cir. · 2008 · confidence medium
United States v. Dupree, 258 F.3d 1258, 1260 (11th Cir.2001) controls.
discussed Cited as authority (rule) United States v. Robert Lynn Perry (2×)
11th Cir. · 2007 · confidence medium
See United States v. Scott, 263 F.3d 1270, 1274 (11th Cir.2001) (concluding that testimony by Special Agent of Bureau of Alcohol, Tobacco and Firearms that firearm “was manufactured in California and had moved in interstate commerce to Georgia where [defendant] was caught with the weapon” was sufficient “to demonstrate the required nexus to interstate commerce”); United States v. Dupree, 258 F.3d 1258, 1260 (11th Cir.2001) (explaining that “by brandishing a firearm that was manufactured in California and found in his car,” defendant’s acts satisfied the “minimal nexus to inters…
discussed Cited as authority (rule) United States v. Richard H. Maclean, Jr.
11th Cir. · 2007 · confidence medium
However, because the MacLeans raise this argument for the first time on appeal, “it is within our discretion to either address [it] or consider [it] waived.” United States v. Dupree, 258 F.3d 1258, 1259 (11th Cir.2001).
cited Cited as authority (rule) United States v. Edwin M. Mack
11th Cir. · 2006 · confidence medium
United States v. Scott, 263 F.3d 1270, 1274 (11th Cir. 2001); United States v. Dupree, 258 F.3d 1258, 1260 (11th Cir.2001).
cited Cited as authority (rule) United States v. Joseph Carlis Carlisle
11th Cir. · 2006 · confidence medium
United States v. Dupree, 258 F.3d 1258, 1259 (11th Cir.2001).
discussed Cited as authority (rule) United States v. Antonio Ruff
11th Cir. · 2005 · confidence medium
See United States v. Dunn, 345 F.3d 1285, 1297 (11th Cir.2003); United States v. Dupree, 258 F.3d 1258, 1259 (11th Cir.2001); United States v. Scott, 263 F.3d 1270, 1272 (11th Cir.2001); United States v. McAllister, 77 F.3d 387 (11th Cir.1996).
discussed Cited as authority (rule) United States v. Kendrick Lavon Taylor
11th Cir. · 2005 · confidence medium
See United States v. Scott, 263 F.3d 1270, 1271, 1273-74 (11th Cir.2001) (reaffirming our holding that § 922(g) is constitutional under Congress’s Commerce Clause power, and stating that “nothing in Morrison or Jones [v. United States, 529 U.S. 848 , 120 S.Ct. 1904 , 146 L.Ed.2d 902 (2000) ] alters the reasoning upon which McAllister is moored.”); United States v. Dupree, 258 F.3d 1258, 1259 (11th Cir.2001) (holding that “Morrison does not change the holding in McAllister and that § 922(g) is a constitutional exercise of Congress’s commerce power.”); see also United States v. Bal…
cited Cited as authority (rule) United States v. Kelone Levese Holmes
11th Cir. · 2005 · confidence medium
United *836 States v. Dupree, 258 F.3d 1258, 1259 (11th Cir.2001).
cited Cited as authority (rule) United States v. Sandra Harris
11th Cir. · 2005 · confidence medium
United States v. Dupree, 258 F.3d 1258, 1259 (11th Cir.2001).
cited Cited as authority (rule) United States v. Jesse Wright, Jr.
11th Cir. · 2004 · confidence medium
United States v. Dupree, 258 F.3d 1258, 1259 (11th Cir. 2001).
cited Cited as authority (rule) United States v. Jesse Wright, Jr., A.K.A. Jessie Wright
11th Cir. · 2004 · confidence medium
United States v. Dupree, 258 F.3d 1258, 1259 (11th Cir.2001).
discussed Cited as authority (rule) United States v. Draper Pritchett
11th Cir. · 2003 · confidence medium
Pritchett acknowledges that we held in United States v. Dupree, 258 F.3d 1258, 1259-60 (11th Cir.2001), that a defendant’s possession of a firearm that had traveled in interstate commerce in the past was sufficient to satisfy the interstate commerce element of a similar statute, 18 U.S.C. § 922 (g)(1), and sufficient to satisfy the requirements of the Commerce Clause.
discussed Cited "see" United States v. Kareem Reaves
11th Cir. · 2024 · signal: see · confidence high
See United States v. Dupree, 258 F.3d 1258, 1259-60 (11th Cir. 2001) (holding that United States v. Morrison, 529 U.S. 598 (2000), in which the Supreme Court struck down another statute because it did not contain a jurisdic- tional element, did not abrogate McAllister); United States v. Scott, 263 F.3d 1270, 1272-73 (11th Cir. 2001) (same); United States v. Lon- goria, 874 F.3d 1278, 1283 (11th Cir. 2017) (upholding § 922(g)(1) in resolving a similar challenge in 2017, citing McAllister), abrogated on other grounds by Erlinger v. United States, 144 S. Ct. 1840 (2024); United USCA11 Case: 23-1…
cited Cited "see" United States v. Jerome Curtis Stancil
11th Cir. · 2021 · signal: see · confidence high
See United States v. Dupree, 258 F.3d 1258 , 1259–60 (11th Cir. 2001). 11 USCA11 Case: 19-12001 Date Filed: 07/13/2021 Page: 12 of 12 1258, 1259–60 (11th Cir. 2001).
cited Cited "see" United States v. Stevenson Charles
11th Cir. · 2009 · signal: see · confidence high
See United States v. Dupree, 258 F.3d 1258, 1259 (11th Cir.2001).
cited Cited "see" Barker v. Niles Bolton Associates, Inc.
11th Cir. · 2009 · signal: see · confidence high
See United States v. Dupree, 258 F.3d 1258, 1259 (11th Cir. 2001).
cited Cited "see" United States v. Gomez Accime
11th Cir. · 2008 · signal: see · confidence high
See United States v. Dupree, 258 F.3d 1258, 1259 (11th Cir.2001) (noting that appellate court has discretion to consider arguments first raised on appeal). 3 .
cited Cited "see" United States v. Robert Tim Martin
11th Cir. · 2007 · signal: see · confidence high
See United States v. Dupree, 258 F.3d 1258, 1260 (11th Cir.2001) (finding that such evidence is sufficient to establish a minimal nexus with interstate commerce).
discussed Cited "see" United States v. Victor Tyrone Dix
11th Cir. · 2006 · signal: see · confidence high
See United States v. Dupree, 258 F.3d 1258 (11th Cir.2001) (holding that § 922(g) is constitutional because “[i]t is the jurisdictional element to § 922(g) that distinguishes it from [the statute at issue in Lopez ]” and, accordingly, the holding in Lopez is inapplicable); United States v. McAllister, 77 F.3d 387 (11th Cir.1996) (holding that § 922(g) is constitutional).
cited Cited "see" United States v. James Hubert Cain
11th Cir. · 2005 · signal: see · confidence high
See United States v. Dupree, 258 F.3d 1258, 1260 (11th Cir.2001); United States v. McAllister, 77 F.3d 387, 390 (11th Cir.1996). 2 .
cited Cited "see" United States v. Steven Glenn Miller
11th Cir. · 2005 · signal: see · confidence high
See Appellant’s Brief at 6 — 7 (citing United States v. Dwpree, 258 F.3d 1258,1260 (11th Cir.2001); United States v. McAllister, 77 F.3d 387, 390 (11th Cir.1996)).
cited Cited "see" United States v. Rico Resean Hubbard
11th Cir. · 2005 · signal: see · confidence high
See United States v. Dupree, 258 F.3d 1258 (11th Cir.2001).
discussed Cited "see" United States v. Singletary (2×)
3rd Cir. · 2001 · signal: see · confidence high
See United States v. Dupree, 258 F.3d 1258 , 2001 WL 835847 , at *1 & n.1 (11th Cir. July 25, 2001); United States v. Stuckey, 255 F.3d 528, 529-30 (8th Cir. 2001); United States v. Gallimore, 247 F.3d 134, 137-38 (4th Cir. 2001); United States v. Davis, 242 F.3d 1162, 1162-63 (9th Cir. 2001) (per curiam), petition for cert. filed, No. 00-10772 (U.S. June 18, 2001); United States v. Santiago , 238 F.3d 213, 216-17 (2d Cir. 2001) (per curiam), cert. denied, 121 S. Ct. 2016 (2001); United States v. Dorris, 236 F.3d 582 , 584- 86 (10th Cir. 2000), cert. denied, 121 S. Ct. 1635 (2001); United Stat…
discussed Cited "see" United States v. Jamaal Adeem Atif Singletary, A/K/A Jamal Singletary A/K/A Curtis Singletary Jamaal Singletary (2×)
3rd Cir. · 2001 · signal: see · confidence high
See United States v. Dupree, 258 F.3d 1258 , 2001 WL 835847 , at *1 & n. 1 (11th Cir. July 25, 2001); United States v. Stuckey, 255 F.3d 528, 529-30 (8th Cir.2001); United States v. Gallimore, 247 F.3d 134, 137-38 (4th Cir.2001); United States v. Davis, 242 F.3d 1162, 1162-63 (9th Cir.2001) (per curiam), petition for cert. filed, — U.S. -, 122 S.Ct. 178 , - L.Ed.2d - (2001); United States v. Santiago, 238 F.3d 213, 216-17 (2d Cir.2001) (per curiam), cert. denied, — U.S. -, 121 S.Ct. 2016 , 149 L.Ed.2d 1016 (2001); United States v. Dorris, 236 F.3d 582, 584-86 (10th Cir.2000), cert. denied …
discussed Cited "see, e.g." National Small Business United v. U.S. Department of the Treasury (2×)
11th Cir. · 2025 · signal: see also · confidence medium
See also United States v. Dupree, 258 F.3d 1258, 1259 (11th Cir. 2001) (jurisdictional hook defeated facial challenge to statute prohibiting a felon from USCA11 Case: 24-10736 Document: 122-1 Date Filed: 12/16/2025 Page: 14 of 21 14 Opinion of the Court 24-10736 possessing a firearm).
discussed Cited "see, e.g." United States v. Darin Lynn James
11th Cir. · 2015 · signal: see also · confidence medium
United States v. McAllister, 77 F.3d 387, 390 (11th Cir.1996); see also United States v. Dupree, 258 F.3d 1258, 1260 (11th Cir.2001) (holding that brandishing a firearm manufactured in another state suffices to establish the required “minimal nexus to interstate commerce” required by the Commerce Clause).
discussed Cited "see, e.g." United States v. George Antonio Corey
11th Cir. · 2013 · signal: see also · confidence medium
See United States v. Scott, 263 F.3d 1270, 1273 (11th Cir.2001) (holding that “the jurisdictional element of the statute, i.e., the requirement that the felon ‘possess in or affecting commerce, any firearm or ammunition,’ immunizes § 922(g)(1) from [a] facial constitutional attack”); see also United States v. Dupree, 258 F.3d 1258, 1259-60 (11th Cir.2001); United States v. Nichols, 124 F.3d 1265, 1266 (11th Cir.1997); United States v. McAllister, 77 F.3d 387, 389-90 (11th Cir.1996).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Myron DUPREE, A.K.A. Sidney Dupree, Defendant-Appellant
00-10819.
Court of Appeals for the Eleventh Circuit.
Jul 25, 2001.
258 F.3d 1258
E. Michael Moran, Law Office of Michael Moran, Atlanta, GA, for Defendant-Appellant., Sheila Tyler Arnum, Amy Levin Weil, Atlanta, GA, for Plaintiff-Appellee.
Birch, Wilson, Farris.
Cited by 62 opinions  |  Published
[*1259] BIRCH, Circuit Judge:

In this opinion, we decide whether United States v. Morrison, 529 U.S. 598, 120 S.Ct. 1740, 146 L.Ed.2d 658 (2000) overrules our opinion in United States v. McAllister, 77 F.3d 387 (lith Cir.1996), which held that 18 U.S.C. § 922(g) does not violate the Commerce Clause. We hold that Morrison does not change the holding in McAllister and that § 922(g) is a constitutional exercise of Congress’s commerce power.

I. BACKGROUND

Myron Dupree was arrested in Georgia after yelling obscenities to and pointing a gun at a security officer who asked him to move his car, which was illegally parked. He was found guilty at a jury trial of being a convicted felon in possession of a firearm, in violation of § 922(g)(1). During the trial, the government offered evidence that the gun in Dupree’s possession when he was arrested was manufactured in California. Dupree moved for a directed verdict on the ground that the government failed to prove a substantial effect on commerce sufficient to satisfy the interstate commerce element of § 922(g). The district court denied the motion. At sentencing, the district court considered Dupree’s criminal record and sentenced him to 188 months of imprisonment because he was an armed career criminal. He appeals on the grounds that § 922(g) is unconstitutional on its face and as applied to his case.

II. DISCUSSION

Because Dupree raises this constitutional challenge for the first time on appeal, it is within our discretion to either address his arguments or consider them waived. McAllister, 77 F.3d at 389. We choose to address his claims, and “review [the] constitutional challenge to section 922(g)[] as a question of law, de novo.” United States v. Cunningham, 161 F.3d 1343, 1345 (11th Cir.1998).

We addressed the constitutionality of § 922(g) in McAllister. McAllister purchased a gun in Georgia that was manufactured in California and shipped through South Carolina to Georgia. McAllister relied on United States v. Lopez, 514 U.S. 549, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995), to challenge § 922(g), claiming that mere possession of a firearm does not substantially affect interstate commerce and that, in passing that statute, Congress exceeded its authority under the Commerce Clause. We denied his appeal because § 922(g) criminalizes possession of a firearm “in or affecting commerce.” 18 U.S.C. § 922(g); McAllister, 77 F.3d at 390. In Lopez, on the other hand, the Supreme Court relied on the fact that the Gun Free Schools Act'“-by its terms ha[d] nothing to do with ‘commerce’ or any sort of economic enterprise, however broadly one might define those terms.” Lopez, 514 U.S. at 561, 115 S.Ct. at 1630-31. We distinguished Lopez from McAllister because the statute at issue in Lopez was “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.” McAllister, 77 F.3d at 390 (quoting Lopez, 514 U.S. at 561, 115 S.Ct. at 1631). “In contrast ..., § 922(g) is an attempt to regulate guns that have a connection to interstate commerce; the statute explicitly requires such a connection. When viewed in the aggregate, a law prohibiting the possession of a gun by a felon stems the flow of guns in interstate commerce to criminals.” McAllister, 77 F.3d at 390. It is this jurisdictional element to § 922(g) that distinguishes it from the Gun Free Schools Act and, accordingly, the holding in Lopez.

Dupree claims that Morrison overturns McAllister because it suggests that our interpretation of Lopez takes into consideration only part of the basis for the Su[*1260] preme Court’s decision. We decline to interpret Morrison in this way. In Morrison, the Supreme Court struck down the Violence Against Women Act because gender-motivated crimes against women did not involve an economic activity and the Act did not contain any jurisdictional element that established that the federal cause of action was pursuant to the Commerce Clause. 529 U.S. at 613, 120 S.Ct. at 1751. Section 922(g), on the other hand, specifically contains this jurisdictional element, as it is applicable only to firearms “in or affecting commerce.” Even after Morrison, McAllister remains the law of this circuit. [1]

Dupree also argues that, because there was undisputed evidence that he did not purchase the gun, his possession of the firearm cannot be said to have affected interstate commerce. However, § 922(g) requires only a minimal nexus to interstate commerce, McAllister, 77 F.3d at 390, and by brandishing a firearm that was manufactured in California and found in his car, Dupree’s actions satisfy this test.

III. CONCLUSION

Our holding in McAllister that the jurisdictional element of § 922(g) brings it within the commerce powers of the Congress is not overruled by Morrison. Accordingly, Dupree’s conviction is AFFIRMED.

1

. In upholding the constitutionality of § 922(g), we join the majority of the circuits that have considered the issue. See United States v. Stuckey, 255 F.3d 528, 2001 WL 754752 (8th Cir. July 6, 2001); United States v. Gallimore, 247 F.3d 134 (4th Cir.2001); United States v. Santiago, 238 F.3d 213 (2nd Cir.2001) (per curiam), cert. denied, -U.S. -, 121 S.Ct. 2016, 149 L.Ed.2d 1016 (2001); United States v. Dorris, 236 F.3d 582 (10th Cir.2000), cert. denied, - U.S. -, 121 S.Ct. 1635, 149 L.Ed.2d 495 (2001); United States v. Napier, 233 F.3d 394 (6th Cir.2000); United States v. Jones, 231 F.3d 508 (9th Cir.2000); United States v. Wesela, 223 F.3d 656 (7th Cir.2000), cert. denied,[*1261] U.S.-, 121 S.Ct. 1145, 148 L.Ed.2d 1008 (2001).