Legal Opinion
United States v. Wright
District Court, D. Nebraska
Decided May 2, 1997No. 8:96CR-145PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
SHANAHAN, District Judge.
Before the court is the “Motion To Dismiss” (filing no. 13 amended by filing no. 14) filed by the defendant, Larry G. Wright, who requests dismissal of the indictment (filing no. 1) against him because 18 U.S.C. § 2262(a)(1) is unconstitutional and, therefore, the court lacks subject matter jurisdiction in a prosecution based on an unconstitutional statute. Also before the court is filing no. 17, the “Report and Recommendation” of Magistrate Judge Thomas D. Thalken who recommends dismissal of the indictment because under the circumstances, Congress…
2Cases cited19 opinions
- United States v. LopezSupreme Court of the United States · 1995
- Gregory v. AshcroftSupreme Court of the United States · 1991
- United States v. DarbySupreme Court of the United States · 1941
- Heart of Atlanta Motel, Inc. v. United StatesSupreme Court of the United States · 1965
- Perez v. United StatesSupreme Court of the United States · 1971
14 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Crisonino v. New York City Housing AuthorityDistrict Court, S.D. New York · 1997
- United States v. Stephan Paul Doll Von FoelkelCourt of Appeals for the Second Circuit · 1998
- United States v. Larry G. WrightCourt of Appeals for the Eighth Circuit · 1997
- United States v. Larry G. WrightCourt of Appeals for the Eighth Circuit · 1997