United States v. Minnifield

ORDER DENYING DEFENDANT’S MOTION TO DISMISS COUNT ONE

DANIEL L. HOVLAND, Chief Judge.

Before the Court is the Defendant’s Motion to Dismiss Count One filed on February 14, 2008. See Docket No. 16. Count One is based on the Defendant’s alleged possession of a firearm on November 6, 2007, in violation of 18 U.S.C. §§ 922(g)(3) and 924(a)(2). The Defendant argues that the enactment of 18 U.S.C. § 922(g)(3) was an unconstitutional application of Congress’ authority under the Commerce Clause. See United States v. Lopez, 514 U.S. 549, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995). The Government filed a…