| Keyword |
Case |
Docket |
Date: Filed /
Added |
(10935 bytes)
(6900 bytes)
UNITED
STATES COURT OF APPEALS
TENTH CIRCUIT
ORDER AND JUDGMENT(*)
Before TACHA, Chief Judge, EBEL and LUCERO, Circuit
Judges.
Defendant-Appellant Alex E. Powell appeals from the sentence resulting
from his convictions on two counts of being a felon in possession of a firearm, in
violation of 18 U.S.C. § 922(g)(1). He raises two issues solely for the
purpose of
preserving them for review by the United States Supreme Court. First, he argues
that his conviction should be reversed because § 922(g)(1) exceeds Congress's
authority under the Commerce Clause. This argument is foreclosed by United
States v. Dorris, 236 F.3d 582, 586 (10th Cir. 2000), cert. denied, 532 U.S. 986
(2001). Second, Powell argues that his constitutional rights were violated "by a
sentencing guideline system in which the facts exposing him to a particular
sentence range were not included in the indictment and were not proven beyond a
reasonable doubt under Apprendi v. New Jersey, 530 U.S. 466 (2000)." This
argument is foreclosed by United States v. Sullivan, 255 F.3d 1256, 1265 (10th
Cir. 2001), cert. denied, 122 S. Ct. 1182 (2002). Powell's convictions and
sentence are AFFIRMED.
ENTERED FOR THE COURT
David M. Ebel
Circuit Judge
FOOTNOTES
Click footnote number to return to corresponding location in the text.
*.After examining the briefs and appellate
record, this panel has determined
unanimously to grant the parties' request for a decision on the briefs without oral
argument. See Fed. R. App. P. 34(f) and 10th Cir. R. 34.1(G). 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not binding precedent, except under the doctrines of law of the case, res judicata,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.
| Keyword |
Case |
Docket |
Date: Filed /
Added |
(10935 bytes)
(6900 bytes)
Comments to: WebMaster,
ca10 [at] washburnlaw.edu.
Updated: April 25, 2002.
HTML markup © 2002, Washburn University School of Law.
URL: http://ca10.washburnlaw.edu/cases/2002/04/01-3373.htm.