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    United States v. David Lynwood Bowden, JR., 99 F.3d 1128, 1st Cir. (1996)

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    This document summarizes a court case from the United States Court of Appeals for the First Circuit regarding David Lynwood Bowden Jr.'s appeal of his conviction for unlawful possession of a firearm by a felon. The three judge panel affirmed Bowden's conviction, finding that his arguments that 18 U.S.C. § 922(g) is unconstitutional under United States v. Lopez and requires proof that possession had a "substantial effect" on interstate commerce were rejected in prior First Circuit rulings. The panel granted the government's motion for summary affirmance of Bowden's conviction.

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    United States v. David Lynwood Bowden, JR., 99 F.3d 1128, 1st Cir. (1996)

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    This document summarizes a court case from the United States Court of Appeals for the First Circuit regarding David Lynwood Bowden Jr.'s appeal of his conviction for unlawful possession of a firearm by a felon. The three judge panel affirmed Bowden's conviction, finding that his arguments that 18 U.S.C. § 922(g) is unconstitutional under United States v. Lopez and requires proof that possession had a "substantial effect" on interstate commerce were rejected in prior First Circuit rulings. The panel granted the government's motion for summary affirmance of Bowden's conviction.

    Original Description:

    Filed: 1996-10-28 Precedential Status: Non-Precedential Citations: 99 F.3d 1128 Docket: 96-1692

    Original Title

    United States v. David Lynwood Bowden, Jr., 99 F.3d 1128, 1st Cir. (1996)

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    This document summarizes a court case from the United States Court of Appeals for the First Circuit regarding David Lynwood Bowden Jr.'s appeal of his conviction for unlawful possession of a firearm by a felon. The three judge panel affirmed Bowden's conviction, finding that his arguments that 18 U.S.C. § 922(g) is unconstitutional under United States v. Lopez and requires proof that possession had a "substantial effect" on interstate commerce were rejected in prior First Circuit rulings. The panel granted the government's motion for summary affirmance of Bowden's conviction.

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    24 views2 pages

    United States v. David Lynwood Bowden, JR., 99 F.3d 1128, 1st Cir. (1996)

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    Scribd Government Docs
    This document summarizes a court case from the United States Court of Appeals for the First Circuit regarding David Lynwood Bowden Jr.'s appeal of his conviction for unlawful possession of a firearm by a felon. The three judge panel affirmed Bowden's conviction, finding that his arguments that 18 U.S.C. § 922(g) is unconstitutional under United States v. Lopez and requires proof that possession had a "substantial effect" on interstate commerce were rejected in prior First Circuit rulings. The panel granted the government's motion for summary affirmance of Bowden's conviction.

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    of 2

    99 F.

    3d 1128

    NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished


    opinions may be cited only in related cases.
    UNITED STATES, Appellee,
    v.
    David Lynwood BOWDEN, Jr., Defendant, Appellant.
    No. 96-1692.

    United States Court of Appeals, First Circuit.


    Oct. 28, 1996.

    APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE


    DISTRICT OF MAINE [Hon. Morton A. Brody, U.S. District Judge]
    Brett D. Baber and Rudman & Winchell on brief for appellant.
    Jay P. McCloskey, United States Attorney, James L. McCarthy and
    Margaret D. McGaughey, Assistant United States Attorneys, on brief for
    appellee.
    D.Me.
    AFFIRMED.
    Before TORRUELLA, Chief Judge, BOUDIN and LYNCH, Circuit
    Judges.
    PER CURIAM.

    David L. Bowden appeals from his conviction for unlawful possession of a


    firearm by a felon, in violation of 18 U.S.C. 922(g)(1) and 924(e). The
    government has moved for summary affirmance pursuant to Loc. R. 27.1. We
    grant the government's motion for the following reasons.

    Bowden makes three inerrelated arguments. First he contends that 922(g) is


    unconstitutional under the reasoning of United States v. Lopez, 115 S.Ct. 1624
    (1995). "This issue is no longer open in this circuit." United States v. Joost, 92

    F.3d 7, 14 (1st Cir.1996). Bowden's remaining arguments are that 922(g)


    requires proof that possession of the firearm had a "substantial effect" upon
    interstate commerce, and that the jury instructions were flawed for not
    including that requirement. In United States v. Blais, No. 95-1093, slip op. at 8
    (1st Cir. August 28, 1996), we rejected precisely the arguments that Bowden
    makes here "about Lopez 's alteration of the Scarborough standard of minimal
    nexus."
    3

    Bowden's conviction is summarily affirmed. See Loc. R. 27.1.

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