United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                     ___________

                                     No. 01-1917
                                     ___________

United States of America,                 *
                                          *
             Appellee,                    *
                                          * Appeal from the United States
      v.                                  * District Court for the
                                          * Northern District of Iowa.
Scott John Borchers,                      *
                                          *    [UNPUBLISHED]
             Appellant.                   *
                                     ___________

                            Submitted: August 1, 2001
                                Filed: September 27, 2001
                                    ___________

Before HANSEN, FAGG, and BEAM, Circuit Judges.
                            ___________

PER CURIAM.

       In this direct criminal appeal, Scott Borchers challenges the constitutionality of
18 U.S.C. § 228(a)(3), the Child Support Recovery Act (CSRA). Borchers pleaded
guilty to one count of failure to pay child support in violation of § 228(a)(3), and was
sentenced to ten months imprisonment, one year of supervised release, and restitution.

       We conclude that Borchers’s challenge is foreclosed by this court’s prior
decision upholding the constitutionality of § 228(a)(3). See United States v. Crawford,

, 1400 (8th Cir.) (enactment of CSRA was constitutional exercise of
Congress’s commerce power, because payment of child support on behalf of out-of-
state child is substantially related to interstate commerce), cert. denied, 

(1997); United States v. Prior, 

, 660 (8th Cir.) (one Eighth Circuit panel
may not overrule another panel’s decision), cert. denied, 

(1997).

      Accordingly, we affirm the judgment of the district court.1

      A true copy.

             Attest:

                     CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.




      1
       The Honorable Mark W. Bennett, Chief Judge, United States District Court for
the Northern District of Iowa.
                                          -2-