Legal Opinion

United States v. Larry McKinney

Court of Appeals for the Seventh Circuit

Decided October 23, 1996No. 95-3105PublishedCited by 46 opinions

1Opinion of the Court

MANION, Circuit Judge.

A jury convicted Larry McKinney of conspiracy to distribute cocaine, distribution of cocaine, and distribution of cocaine within 1000 feet of a public school. Before trial, through a motion to dismiss, McKinney challenged as unconstitutional one of the statutes under which he was later convicted. Citing United States v. Lopez, - U.S. -, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995), McKinney argued Congress exceeded its authority under the Commerce Clause of the United States Constitution when it created a harsher penalty for those convicted of distribution of controlled…

2Cases cited24 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. LopezSupreme Court of the United States · 1995
  3. Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
  4. Stafford v. WallaceSupreme Court of the United States · 1922
  5. United States v. EdwardsCourt of Appeals for the Seventh Circuit · 1991

19 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. United States v. Karl CunninghamCourt of Appeals for the Seventh Circuit · 2005
  2. United States v. Timothy Donald KoonsCourt of Appeals for the Eighth Circuit · 2002
  3. United States v. Damon Pippen, Kenya Lark, and Thomas JonesCourt of Appeals for the Seventh Circuit · 1997
  4. United States v. Darryl Wayne Hall, Carl Stewart, Also Known as Pee Wee, and Kevin FergusonCourt of Appeals for the Seventh Circuit · 1997
  5. Ace Auto Body & Towing, Ltd. v. City of New YorkCourt of Appeals for the Second Circuit · 1999

41 more not listed; retrieve them via the Exa API.

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