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  • United States v. Jackson, 4th Cir. (2002)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding defendant Melvin Owens Jackson's appeal of his conviction for being a felon in possession of a firearm. The three-judge panel affirmed Jackson's conviction and 52-month prison sentence. Specifically, the panel found that the district court properly denied Jackson's motion to dismiss the indictment for lack of jurisdiction, as past precedent establishes that the interstate commerce element of the charge can be satisfied if the firearm had traveled in interstate commerce. As Jackson's claim was considered meritless under this precedent, his conviction and sentence were upheld.

    Original Description:

    Filed: 2002-07-31 Precedential Status: Non-Precedential Docket: 02-4153

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding defendant Melvin Owens Jackson's appeal of his conviction for being a felon in possession of a firearm. The three-judge panel affirmed Jackson's conviction and 52-month prison sentence. Specifically, the panel found that the district court properly denied Jackson's motion to dismiss the indictment for lack of jurisdiction, as past precedent establishes that the interstate commerce element of the charge can be satisfied if the firearm had traveled in interstate commerce. As Jackson's claim was considered meritless under this precedent, his conviction and sentence were upheld.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    2 views2 pages

    United States v. Jackson, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding defendant Melvin Owens Jackson's appeal of his conviction for being a felon in possession of a firearm. The three-judge panel affirmed Jackson's conviction and 52-month prison sentence. Specifically, the panel found that the district court properly denied Jackson's motion to dismiss the indictment for lack of jurisdiction, as past precedent establishes that the interstate commerce element of the charge can be satisfied if the firearm had traveled in interstate commerce. As Jackson's claim was considered meritless under this precedent, his conviction and sentence were upheld.

    Copyright:

    Public Domain
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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-4153

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    MELVIN OWENS JACKSON,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Jerome B. Friedman, District
    Judge. (CR-01-50)

    Submitted:

    July 25, 2002

    Decided:

    July 31, 2002

    Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.

    Affirmed by unpublished per curiam opinion.


    James B. Melton, Chesapeake, Virginia, for Appellant.
    Paul J.
    McNulty, United States Attorney, James Ashford Metcalf, Assistant
    United States Attorney, Norfolk, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Melvin

    Jackson,

    who

    was

    sentenced

    to

    fifty-two

    months

    imprisonment following his conditional guilty plea to being a felon


    in possession of a firearm under 18 U.S.C.A. 922(g)(1) (West
    2000), challenges only the district courts denial of his motion to
    dismiss his indictment for lack of jurisdiction.

    In that motion,

    Jackson argued the interstate commerce requirement of 922(g)


    could not be satisfied by possessing a firearm that had traveled in
    interstate commerce. However, because this claim is meritless, see
    United States v. Nathan, 202 F.3d 230, 234 (4th Cir. 2000), we find
    the district court properly denied Jacksons motion.

    Accordingly,

    we affirm Jacksons conviction and sentence and dispense with oral


    argument because the facts and legal contentions are adequately
    presented in the materials before the court and argument would not
    aid the decisional process.

    AFFIRMED

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