Professional Documents
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No. 06-3380
(D . of Kan.)
LU KE E. STO KES,
Defendant-Appellant.
Before TACH A, Chief Judge, B ALDOCK , and TYM KOVICH, Circuit Judges. **
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
**
Per the Courts M arch 19, 2007 Order, this three-judge panel has
determined unanimously that oral argument would not be of material assistance in
the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1(G ).
The cause is therefore ordered submitted without oral argument.
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W e recently revisited and rejected the argument Stokes urges here. W hile
agreeing that the Lopez line of cases casts doubt on whether mere possession of a
regulated object (body armor) substantially affects interstate commerce under
our current understanding of the Commerce Clause, the constitutional
understanding implicit in Scarborough is that Congress may regulate any
firearm that has ever traversed state lines. United States v. Patton, 451 F.3d
615, 634 (10th Cir. 2006). In Patton, although we agreed with the defendants
argument that Scarborough is in tension with current Commerce Clause
jurisprudence, citing numerous other circuits expressing doubts about
Scarboroughs continuing validity, id., we concluded that we remain bound by
Scarborough. Id. at 636. Any doctrinal inconsistency between Scarborough and
the Supreme Courts more recent decisions is not for this Court to remedy. Id.
In sum [u]nless and until the Supreme Court determines otherwise, we will
continue to follow applicable precedent. United States v. Holyfield, ___F.3d___,
No. 05-1318, 2007 W L 970152 (10th Cir. April 3, 2007) (quoting United States v.
M oore, 401 F.3d 1220, 1224 (10th Cir. 2005)).
Accordingly, we DISM ISS this appeal.
Entered for the Court
Timothy M . Tymkovich
Circuit Judge
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