Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

UNITED STATES v. FRYER

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION


August 25, 1995

UNITED STATES OF AMERICA, Plaintiff,
v.
EDDIE L. FRYER, Defendant.

The opinion of the court was delivered by: MILTON I. SHADUR

MEMORANDUM OPINION AND ORDER

 Eddie Fryer ("Fryer") is a multiple bank robber who is serving a 262-month term in the Bureau of Prisons, following a jury conviction on five counts that respectively charged Fryer with three such robberies and with the use of firearms in carrying out two of them. This Court has just received the latest of Fryer's efforts to overturn his conviction and sentence *fn1" : this time a self-prepared document captioned "Defendant's Pro-Se Motion Requesting Modification of an Imposed Term of Imprisonment Pursuant to 18 U.S.C. § 3582(b)(1), (c)(i)."

 Fryer's current challenge focuses on last Term's decision by the United States Supreme Court in United States v. Lopez, 131 L. Ed. 2d 626, 115 S. Ct. 1624 (1995), which invalidated a criminal statute (18 U.S.C. § 922(q) *fn2" ) for lack of a federal nexus--in that instance, because of the absence of sufficient anchorage in the Commerce Clause. According to Fryer, that same flaw taints Section 924(c)(1), under which Fryer's sentence was enhanced because he used a weapon--a firearm--during two of his bank robberies: *fn3"

 

Whoever, during and in relation to any crime of violence...(including a crime of violence...which provides for an enhanced punishment if committed by use of a deadly or dangerous weapon or device) for which he may be prosecuted in a court of the United States, uses or carries a firearm, shall, in addition to the punishment provided for such crime of violence..., be sentenced to imprisonment for five years....

 But what Fryer's extended discussion omits entirely is any reference at all to what is plainly the key language in Section 924(c)(1): its provision that limits its coverage to crimes of violence (a category that of course includes bank robbery) "for which he may be prosecuted in a court of the United States." In other words, the precondition to operation of Section 924(c)(1) is that a defendant's firearm usage must be linked to another substantive offense that is itself subject to federal prosecution (and hence must have its own federal linkage).

 In this instance each substantive offense with which Fryer was charged and on which he was convicted, in conjunction with which the jury found he had used a firearm, was bank robbery committed by force and violence (Section 2113(a) and (d)). And that crime, as is made crystal clear by the definitions of the included financial institutions under Section 2113(f), (g) and (h), is unquestionably well within the United States' commerce power. Accordingly the Lopez analysis is totally inapplicable here, Fryer's motion is therefore totally without merit, and the motion must be and is denied.

 Milton I. Shadur

 Senior United States District Judge

 Date: August 25, 1995

 UNITED STATES OF AMERICA, Plaintiff, v. EDDIE L. FRYER, Defendant.

 No. 90 CR 57

 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION

 August 2, 1995, Decided

 August 4, 1995, DOCKETED

 [EDITOR'S NOTE: THIS DOCUMENT IS REPORTED AT: [ 1995 U.S. Dist. LEXIS 11236].]


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.