USA v. Jorge Ponce-Cortes, No. 12-14416 (11th Cir. 2014)
Annotate this Case
Download PDF
Case: 12-14416 Date Filed: 07/31/2014 Page: 1 of 3 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-14416 Non-Argument Calendar ________________________ D.C. Docket No. 1:11-cr-20811-WPD-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JORGE PONCE-CORTES, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (July 31, 2014) Before TJOFLAT, PRYOR and FAY, Circuit Judges. PER CURIAM: Case: 12-14416 Date Filed: 07/31/2014 Page: 2 of 3 Jorge Ponce-Cortes appeals his conviction for possession of firearms and ammunition by a convicted felon. See 18 U.S.C. ยง 922(g)(1). Ponce-Cortes challenges the denial of his motion for a judgment of acquittal. We affirm. Ponce-Cortes challenges the denial of his motion for a judgment of acquittal on two grounds, both of which are foreclosed by our precedents. First, PonceCortes argues, for the first time, that his firearms and ammunition were not in or affecting commerce when they were discovered in his bedroom, but a convicted felon violates section 922(g)(1) if the firearm or ammunition that he possesses traveled previously in interstate commerce, see United States v. Scott, 263 F.3d 1270, 1273 74 (11th Cir. 2001); United States v. McAllister, 77 F.3d 387, 390 (11th Cir. 1996). Ponce-Cortes violated section 922(g)(1) because the two firearms and ammunition that he possessed had been manufactured in foreign countries, Connecticut, Illinois, and Mississippi and necessarily traveled in interstate commerce to reach him in Florida. See United States v. Wright, 607 F.3d 708, 715 16 (11th Cir. 2010). Second, Ponce-Cortes argues that section 922(g)(1) impermissibly infringes on his right to bear a firearm under the Second Amendment, but statutes disqualifying felons from possessing a firearm under any and all circumstances do not offend the Second Amendment, United States v. Rozier, 598 F.3d 768, 771 (11th Cir. 2010) (discussing District of Columbia v. Heller, 554 U.S. 570, 626, 128 S. Ct. 2783, 2816 17 (2008)). 2 Case: 12-14416 Date Filed: 07/31/2014 Page: 3 of 3 We AFFIRM the denial of Ponce-Cortes s motion for a judgment of acquittal. 3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
