United States of America, Plaintiff-appellee, v. Juvenile Male, Defendant-appellant, 107 F.3d 18 (9th Cir. 1997)
Annotate this CaseBefore: O'SCANNLAIN, LEAVY and KLEINFELD, Circuit Judges.
MEMORANDUM**
The United States appeals the district court's dismissal of an information charging J.P.C., a juvenile male, 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 recently held that "enactment of section 922(x) (2) is a valid, constitutional exercise of Congressional commerce powers." See United States v. Michael R., 90 F.3d 340, 345 (9th Cir. 1996).1 Accordingly, we vacate the district court's order of dismissal and remand for further proceedings.
VACATED AND REMANDED.
The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3
To the extent that J.P.C. 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)
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