United States v. Mallory

AMENDED ORDER ON MOTION TO DISMISS

FERGUSON, District Judge.

THIS CAUSE came before the court upon defendant Dale Mallory’s motion to dismiss the indictment. The broad constitutional question raised by the motion is whether Congress may federalize random street crimes, already regulated by specific state laws, on the basis of the Commerce Clause, where the offenses occurred entirely intrastate. More narrowly, as alleged by the defendants, Title 18 United States Code § 2119, (“the Carjacking Statute”) is facially unconstitutional because it has the following defects: (1) lacks a rational nexus…