U.S. v. DAVIS

No. 00-10230

242 F.3d 1162 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Kelvin Davis, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 20, 2001


Attorney(s) appearing for the Case

Geoffrey A. Hansen, Chief Assistant Federal Public Defender, and Rebecca Silbert, Assistant Federal Public Defender, San Francisco, California, for appellant Kelvin Davis.

Ismail Ramsey, Assistant United States Attorney, Oakland, California, for appellee United States of America.

Before: Stephen Reinhardt, Pamela Ann Rymer and Raymond C. Fisher, Circuit Judges.


Argued and Submitted March 12, 2001 — San Francisco, California

PER CURIAM:

I.

Davis first argues that his conviction for firearm possession by a felon, in violation of 18 U.S.C. § 922(g)(1), is invalid because Congress lacked authority under the Commerce Clause to deem such possession criminal. While agreeing that his position is directly contrary to circuit precedent, including United States v. Hanna, 55 F.3d...

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