Legal Opinion

United States v. Lane Dale Daniels

Court of Appeals for the Ninth Circuit

Decided September 8, 1970No. 25297_1PublishedCited by 17 opinions

1Per curiam

Defendant appeals from his conviction for violating 18 U.S.C.App. § 1202 (convicted felon’s possession of a firearm). He contends that: (1) the statute is unconstitutional, because it purports to reach wholly intrastate transactions, and it is therefore beyond the scope of the Commerce Clause; and (2) the Government failed to prove that the firearm he possessed was in commerce or affected commerce, which is an element of the offense. We reject both contentions.

The numerous cases expanding the Commerce Clause to embrace local activities, when those activities bear even tangentially on…

2Cases cited5 opinions

  1. Wickard v. FilburnSupreme Court of the United States · 1942
  2. Katzenbach v. McClungSupreme Court of the United States · 1964
  3. Maryland v. WirtzSupreme Court of the United States · 1968
  4. United States v. Michael BiancofioriCourt of Appeals for the Seventh Circuit · 1970
  5. United States v. BassDistrict Court, S.D. New York · 1970

3Cited by17 opinions

  1. United States v. BassSupreme Court of the United States · 1971
  2. Frank James Stevens v. United StatesCourt of Appeals for the Sixth Circuit · 1971
  3. United States v. John Richard LilesCourt of Appeals for the Ninth Circuit · 1970
  4. United States v. Dale Einar SynnesCourt of Appeals for the Eighth Circuit · 1971
  5. United States v. Marce BellCourt of Appeals for the Second Circuit · 1975

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