United States of America v. Grant Wilson

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 00-3880
___________
UNITED STATES OF AMERICA
v.
GRANT WILSON,
Appellant
_______________________________________________
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
D.C. Criminal No. 99-cr-00567
(Honorable Herbert J. Hutton)
___________________
Submitted Pursuant to Third Circuit LAR 34.1(a)
March 7, 2002
Before: SCIRICA and COWEN, Circuit Judges, and
RESTANI, Judge, United States Court of International Trade*
(Filed: March 22, 2002)
*The Honorable Jane A. Restani, Judge, United States Court of International Trade,
sitting by designation.
__________________
OPINION OF THE COURT
__________________
SCIRICA, Circuit Judge.
This is an appeal from a judgment entered under a guilty plea to one count of
possession of a firearm by a convicted felon in violation of 18 U.S.C. 922(g)(1). We
will affirm.
Following his sentencing, defendant filed a notice of appeal. His court-appointed
attorney subsequently filed an Anders brief, stating there were no non-frivolous issues
for appeal. Anders v. California, 386 U.S. 738 (1967). Thereafter, however, defense
counsel filed an amended brief stating there was a non-frivolous issue for appeal;
namely, the constitutionality of 18 U.S.C. 922(g)(1). Defendant argues this section is
outside of Congress’s power to regulate interstate commerce and all other sources of
congressional authority.

-- 1 of 2 --

Subsequent to the filing of defendant’s supplemental brief, this court decided
United States v. Singletary, 268 F.3d 196 (3d Cir. 2001), in which we upheld the
constitutionality of 922(g)(1) against the same argument as that advanced by defendant.
Therefore, defendant’s constitutional challenge fails.
None of the issues proffered by counsel for the defendant in his Anders brief are
meritorious. Accordingly, we will affirm the judgment of conviction and sentence.
TO THE CLERK:
Please file the foregoing opinion.
/s/Anthony J. Scirica
Circuit Judg

-- 2 of 2 --