United States of America, Plaintiff-appellee, v. Juvenile Male, Defendant-appellant, 98 F.3d 1347 (9th Cir. 1996)

MEMORANDUM^** 

J.L.M., a juvenile male, appeals the district court's denial of his motion to dismiss an information charging him with an act of juvenile delinquency by possessing a handgun, in violation of 18 U.S.C. §§ 922(x) (2) and 924(a) (5) (A) (i). We affirm.

J.L.M. contends that 18 U.S.C. § 922(x) (2) is unconstitutional because it exceeds Congressional authority under the Commerce Clause. This contention is foreclosed by United States v. Michael R., 90 F.3d 340, 345 (9th Cir. 1996), in which this court held that "enactment of section 922(x) (2) is a valid, constitutional exercise of Congressional commerce powers." To the extent that J.L.M. maintains that Michael R. was wrongly decided, we cannot reconsider or overrule the decision of a prior panel. See United States v. Gay, 967 F.2d 322, 327 (9th Cir.), cert. denied, 506 U.S. 929 (1992).

AFFIRMED.