Legal Opinion

Joel Proyect v. United States

Court of Appeals for the Second Circuit

Decided November 21, 1996No. 253, Docket 96-2060PublishedCited by 44 opinions

1Per curiam

This case involves a challenge to 21 U.S.C. § 841(a)(1), which criminalizes the manufacture of marijuana, on the ground that Congress, in passing the. statute, exceeded its power under the Commerce Clause of the Constitution, U.S. Const. art. I, § 8, cl. 3. Like every other court to have considered the issue, we reject this argument.

In August 1991, following an investigation that indicated that he 'was growing marijuana, Joel Proyeet was placed under arrest. More than 100 marijuana plants were seized from his property. In February 1992, Proyect pleaded guilty to manufacturing marijuana in…

2Cases cited18 opinions

  1. United States v. LopezSupreme Court of the United States · 1995
  2. Wickard v. FilburnSupreme Court of the United States · 1942
  3. Preseault v. Interstate Commerce CommissionSupreme Court of the United States · 1990
  4. Perez v. United StatesSupreme Court of the United States · 1971
  5. Maryland v. WirtzSupreme Court of the United States · 1968

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3Cited by44 opinions

  1. United States v. Ruben Feliciano, AKA Rude Dog, AKA Roob Dog, Ronald Pagan, AKA Twin, and Nelson Gonzalez, AKA Snoop,defendants-AppellantsCourt of Appeals for the Second Circuit · 2000
  2. United States v. MillerCourt of Appeals for the Second Circuit · 1997
  3. United States v. MillerCourt of Appeals for the Second Circuit · 1997
  4. United States v. Charles W. WestbrookCourt of Appeals for the Seventh Circuit · 1997
  5. United States v. Joseph RodiaCourt of Appeals for the Third Circuit · 1999

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