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Legal Opinion

United States v. David McLean

Court of Appeals for the Eleventh Circuit

Decided September 24, 2015No. 14-10061PublishedCited by 16 opinions

1Opinion of the Court

SCHLESINGER, District Judge:

This appeal presents us with two challenges. First, we must address the limits of a federal criminal statute to ensure the statute comports with the Constitution and that it does not invade the domain of the States’ police power.

No federal criminal common law exists. This proposition was “long since settled” not twenty-five years following the ratification of the United States Constitution. United, States v. Hudson, 11 U.S. (7 Cranch) 32, 3 L.Ed. 259 (1812). Congress—not the courts—crafts federal crimes by delineating the elements and prescribing punishment. See…

2Cases cited41 opinions

  1. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  2. Ornelas v. United StatesSupreme Court of the United States · 1996
  3. Pullman-Standard v. SwintSupreme Court of the United States · 1982
  4. United States v. GaudinSupreme Court of the United States · 1995
  5. Perrin v. United StatesSupreme Court of the United States · 1979

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3Cited by16 opinions

  1. Jamie Cunningham v. Cobb County, GeorgiaCourt of Appeals for the Eleventh Circuit · 2025
  2. United States v. DequattroCourt of Appeals for the First Circuit · 2024
  3. United States v. James S. DoranCourt of Appeals for the Eleventh Circuit · 2017
  4. United States v. Martinez-MaldonadoCourt of Appeals for the First Circuit · 2019
  5. Kevin Joyce v. Forest River, Inc.Court of Appeals for the Eleventh Circuit · 2026

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