UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ALEX E. POWELL,

Defendant - Appellant.	No. 01-3373

(D.C. No. 01-CR-20021-KHV)

(D. Kansas)

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