00-1214, 00-1273, 00-1345 U.S. v. Arocho

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“While this court has yet to consider the constitutionality of Section 924(c) in light of Lopez, every other circuit to address the issue has found that the statute is a valid exercise of Congress’ commerce power. United States v. Nguyen, 155 F.3d 1219, 1226 (10th Cir. 1998) (collecting cases). As the Ninth Circuit explained in United States v. Staples, 85 F.3d 461, 463 (9th Cir. 1996), in upholding Section 924(c), that section applies only to the use or carrying of a firearm during or in relation to a federal crime. Thus, Section 924(c) applies only where a connection to interstate commerce already exists. Id. 1390. Therefore, ‘[b]ecause Congress may regulate drug trafficking, it may also regulate the use of firearms connected with that trafficking,’ without requiring that the firearm be transported in commerce. United States v. Miller, 283 F.3d 907, 914 (8th Cir. 2002). We find this reasoning persuasive and accordingly join our sister circuits in upholding the constitutionality of 18 U.S.C. sec. 924(c).”

Affirmed.

Appeals from the United States District Court for the Northern District of Indiana, Moody, J., Manion, J.