United States v. John Lee Stover, Jr. ( 2005 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
OCTOBER 24, 2005
No. 05-10346 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 04-00202-CR-T-26-MSS
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHN LEE STOVER, JR.,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(October 24, 2005)
Before BIRCH, BARKETT and PRYOR, Circuit Judges.
PER CURIAM:
John Lee Stover, appeals his conviction under section 924(c) of Title 18 of
the United States Code for using or carrying a firearm during and in relation to a
crime of violence. Stover argues, for the first time on appeal, that section 924(c) is
unconstitutional because it exceeds the power of Congress under the Commerce
Clause. Because we have previously held that section 924(c) was validly enacted
under the commerce clause power, see United States v. Ferreira, 275 F.3d 1020,
1028 (11th Cir. 2001), and we have no authority to revisit that decision, see Cargill
v. Turpin, 120 F.3d 1366, 1386 (11th Cir. 1997), we affirm.
AFFIRMED.
2