UNITED STATES OF
AMERICA,
v. BRYAN ALLEN HARTSFIELD, |
No. 96-2281
(D.C. No. CIV 96-575 JC/LCS) |
Contrary to Hartsfield's arguments, this court has determined that Comprehensive Drug Abuse Prevention and Control Act of 1970 is constitutional; the Commerce Clause allows the United States Congress to prohibit drug trafficking so long as such conduct affects interstate commerce. See United States v. Wacker, 72 F.3d 1453, 1475 (10th Cir. 1995), cert. denied, 117 S. Ct. 136 (1996). In addition, it is well established that the federal courts have jurisdiction over federal crimes committed within a state's borders. Further, a federal prosecution may stem from state investigatory activities, if the conduct at issue violates federal law. See, e.g., United States v. Morehead, 959 F.2d 1489, 1499 (10th Cir. 1992); United States v. Raymer, 941 F.2d 1031, 1037, 1043 (10th Cir. 1991); United States v. Andersen, 940 F.2d 593, 596 (10th Cir. 1991). Because Hartsfield's jurisdictional arguments are meritless, counsel cannot be considered ineffective for failing to raise them. See Strickland v. Washington, 466 U.S. 668, 687, 694 (1984).
We find no substantial showing of the denial of a constitutional right, so we DENY the certificate of appealability and DISMISS the appeal.
The mandate shall issue forthwith.
ENTERED FOR THE COURT
David M. Ebel
Circuit Judge
*.After examining appellant's brief and the appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
1. As a result of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132 (1996), after April 24, 1996, a prisoner seeking relief under 28 U.S.C. § 2255 must obtain a certificate of appealability in order to appeal the district court's denial of the § 2255 motion. See 28 U.S.C. § 2253(c) (1996).