United States of America v. STEVEN BELL a/k/a JAMES MOORE Steven Bell

*Judge Becker’s term as Chief Judge ended on May 4, 2003.
**Honorable Myron H. Bright, United States Circuit Judge for the Eighth Circuit,
sitting by designation.
NOT PRECEDENTIAL
IN THE UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
____________________
NO. 02-2340
___________________
UNITED STATES OF AMERICA
v.
STEVEN BELL
a/k/a
JAMES MOORE
Steven Bell,
Appellant
________________
On Appeal From the United States District Court
For the Eastern District of Pennsylvania
(D.C. No. 01-cr-00169-1)
District Judge: Honorable Jan E. DuBois
_______________________________________
Submitted Under Third Circuit LAR 34.1(a)
April 8, 2003
Before: BECKER, Chief Judge,* BARRY and BRIGHT**
Circuit Judges.
(Filed June 3, 2003 )

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_______________________
OPINION
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BECKER, Circuit Judge.
Steven Bell appeals his conviction under the Felon-in-Possession statute, 18
U.S.C. § 922(g). The facts are neither in dispute nor dispositive of this appeal. At all
events, they are well known to the parties hence we need not recount them here.
Bell makes three challenges to his conviction. First Bell asserts that § 922 (g) is
unconstitutional under the Second Amendment of the U.S. Constitution. However, Bell’s
Second Amendment challenge to the Felon-in-Possession statute is foreclosed by a
number of cases from this Court, the latest of which is United States v. Rybar, 103 F.3d
273 (3d Cir. 1996), which held that “this court has on several occasions emphasized that
the Second Amendment furnishes no absolute right to firearms.” Second, Bell advances a
Fifth Amendment challenge to the statute, but that challenge rests on the foundational
assertion that the right to bear arms is personal and fundamental, which it is not. Finally,
Bell interposes a Commerce Clause challenge to the constitutionality of § 922(g) but that
challenge is squarely foreclosed by United States v. Singletary, 268 F.3d 196 (3d Cir.
2001), which upheld 18 U.S.C. § 922(g)(1) against a Commerce Clause challenge.
The judgment of the District Court will be affirmed.

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TO THE CLERK:
Kindly file the foregoing opinion.
/s/Edward R. Becker
____________________________
Circuit Judge

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