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U.S. v. HANEY

No. 00-6129.

264 F.3d 1161 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. John Lee HANEY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 29, 2001.

Attorney(s) appearing for the Case

William P. Earley, Assistant Federal Public Defender, Oklahoma City, Oklahoma, for Defendant-Appellant.

Edward J. Kumiega, Assistant United States Attorney (Daniel G. Webber, Jr., United States Attorney, with him on the brief), Oklahoma City, OK, for Plaintiff-Appellee.

Before EBEL, ANDERSON and MURPHY, Circuit Judges.

EBEL, Circuit Judge.

John Lee Haney was convicted of possessing two machineguns in violation of 18 U.S.C. § 922(o). On appeal, he asserts that § 922(o) violates the Second Amendment and the Commerce Clause. Both arguments are foreclosed by controlling Tenth Circuit precedent. See United States v. Baer, 235 F.3d 561, 564 (10th Cir.2000) (Second Amendment); United States v. Wilks,

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