United States v. Hunt , 419 F. App'x 949 ( 2011 )


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  •                                                                 [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT           FILED
    ________________________ U.S. COURT OF APPEALS
    ELEVENTH CIRCUIT
    No. 10-14770                   MARCH 29, 2011
    JOHN LEY
    Non-Argument Calendar                  CLERK
    ________________________
    D.C. Docket No. 3:10-cr-00053-MCR-1
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    CORDERRIUS TERRELLE HUNT,
    Defendant-Appellant.
    ________________________
    Appeal from the United States District Court
    for the Northern District of Florida
    ________________________
    (March 29, 2011)
    Before MARCUS, MARTIN and KRAVITCH, Circuit Judges.
    PER CURIAM:
    Corderrius Terrelle Hunt appeals his conviction for possession of a firearm by
    a convicted felon, in violation of 18 U.S.C. § 922(g)(1). He argues that the statute is
    unconstitutional because it exceeds Congress’s power under the Commerce Clause,
    and violates the Ninth and Tenth Amendments. After thorough review, we affirm.
    We review the constitutionality of a statute de novo. United States v. Scott,
    
    263 F.3d 1270
    , 1271 (11th Cir. 2001).
    Here, as Hunt recognizes, his arguments are clearly foreclosed by our binding
    precedent. First, we have binding precedent squarely concerning 18 U.S.C. §
    922(g)(1) that precludes his challenges to the statute’s constitutionality on Commerce
    Clause and Tenth Amendment grounds. 
    Id. at 1273-74
    (reaffirming our holding that
    18 U.S.C. § 922(g)(1) is a facially valid exercise of Congress’ power under the
    Commerce Clause; Hiley v. Barrett, 
    155 F.3d 1276
    , 1277 (11th Cir. 1998) (affirming
    district court’s conclusion, in National Ass’n of Gov’t Employees, Inc. v. Barrett, 
    968 F. Supp. 1564
    , 1577-78 (N.D.Ga. 1997), that 18 U.S.C. § 922(g)(9) did not violate the
    Tenth Amendment because it was a valid exercise of Congress’s Commerce Clause
    power);1 see also New York v. United States, 
    505 U.S. 144
    , 174 (1992) (holding that
    a congressional act that is valid under the Commerce Clause does not violate the
    Tenth Amendment). In addition, since the Ninth Amendment does not provide an
    inherent right to self defense, 18 U.S.C. § 922(g)(1) cannot be unconstitutional on
    1
    Though Barrett addressed the constitutionality of 18 U.S.C. § 922(g)(9), this distinction
    makes no practical difference in addressing Tenth Amendment concerns.
    2
    these grounds. See United States v. Wright, 
    117 F.3d 1265
    , 1275 (11th Cir. 1997),
    vacated in part on other grounds by 
    133 F.3d 1412
    (11th Cir. 1998). Indeed, the
    Tenth Circuit has persuasively rejected the argument that the specific statute at issue
    in this case violates the Ninth Amendment. United States v. Baer, 
    235 F.3d 561
    , 564
    (10th Cir. 2000) (citing 
    Wright, 117 F.3d at 1275
    ). Accordingly, we affirm.
    AFFIRMED.
    3