United States v. Wilson , 29 F. App'x 909 ( 2002 )


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  •                                                                                                                            Opinions of the United
    2002 Decisions                                                                                                             States Court of Appeals
    for the Third Circuit
    3-22-2002
    USA v. Wilson
    Precedential or Non-Precedential:
    Docket 0-3880
    Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2002
    Recommended Citation
    "USA v. Wilson" (2002). 2002 Decisions. Paper 195.
    http://digitalcommons.law.villanova.edu/thirdcircuit_2002/195
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    NOT PRECEDENTIAL
    UNITED STATES COURT OF APPEALS
    FOR THE THIRD CIRCUIT
    ___________
    No. 00-3880
    ___________
    UNITED STATES OF AMERICA
    v.
    GRANT WILSON,
    Appellant
    _______________________________________________
    On Appeal from the United States District Court
    for the Eastern District of Pennsylvania
    D.C. Criminal No. 99-cr-00567
    (Honorable Herbert J. Hutton)
    ___________________
    Submitted Pursuant to Third Circuit LAR 34.1(a)
    March 7, 2002
    Before: SCIRICA and COWEN, Circuit Judges, and
    RESTANI, Judge, United States Court of International Trade*
    (Filed: March 22, 2002)
    *The Honorable Jane A. Restani, Judge, United States Court of
    International Trade,
    sitting by designation.
    __________________
    OPINION OF THE COURT
    __________________
    SCIRICA, Circuit Judge.
    This is an appeal from a judgment entered under a guilty plea to one
    count of
    possession of a firearm by a convicted felon in violation of 18 U.S.C.
    922(g)(1). We
    will affirm.
    Following his sentencing, defendant filed a notice of appeal. His
    court-appointed
    attorney subsequently filed an Anders brief, stating there were no non-
    frivolous issues
    for appeal. Anders v. California, 
    386 U.S. 738
     (1967). Thereafter,
    however, defense
    counsel filed an amended brief stating there was a non-frivolous issue for
    appeal;
    namely, the constitutionality of 18 U.S.C.   922(g)(1). Defendant argues
    this section is
    outside of Congress's power to regulate interstate commerce and all other
    sources of
    congressional authority.
    Subsequent to the filing of defendant's supplemental brief, this
    court decided
    United States v. Singletary, 
    268 F.3d 196
     (3d Cir. 2001), in which we
    upheld the
    constitutionality of   922(g)(1) against the same argument as that
    advanced by defendant.
    Therefore, defendant's constitutional challenge fails.
    None of the issues proffered by counsel for the defendant in his
    Anders brief are
    meritorious. Accordingly, we will affirm the judgment of conviction and
    sentence.
    TO THE CLERK:
    Please file the foregoing opinion.
    /s/Anthony J. Scirica
    Circuit Judge
    

Document Info

Docket Number: 00-3880

Citation Numbers: 29 F. App'x 909

Judges: Scirica, Cowen, Restani, Trade

Filed Date: 3/22/2002

Precedential Status: Precedential

Modified Date: 10/19/2024