No: 01-3750 UNITED STATES OF AMERICA v. Curtis Marshall Dixon

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No: 01-3750
UNITED STATES OF AMERICA
v.
CURTIS MARSHALL DIXON,
Appellant
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
D.C. Criminal No. 00-cr-00146-1
District Judge: Hon. Marvin Katz
Submitted Pursuant to Third Circuit LAR 34.1(a)
April 11, 2002
Before: McKee, Fuentes Circuit Judges and
Pogue, Circuit Judge
(Filed April 22, 2002)
OPINION OF THE COURT
PER CURIAM.
Defendant argues that the statute under which he was convicted, 18 U.S.C.
922(g) is an unconstitutional exercise of congressional authority under the Commerce
Clause, and that the enhancement that he received for a prior felony conviction should
have been submitted to the jury under the Supreme Court’s decision in Apprendi v. New
Jersey, 530 U.S. 466 (2000).
As we write only for the parties, we need not reiterate the factual background and
circumstances of this dispute. Rather, we need only state that the defendant’s Commerce
Clause claim is foreclosed by our decision in United States v. Singletary, 268 F.3d 196
(3d Cir. 2001), and his Apprendi argument is foreclosed by the language of Apprendi
itself (excluding the situations, like the defendant’s, where enhancement results from a
prior conviction), and the Supreme Court’s subsequent clarification of Apprendi in
Almendrez-Torres v. United States, 523 U.S. 224 (1998).
Accordingly, the judgment of conviction entered on October 1, 2001 will be
affirmed.

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