Legal Opinion
United States v. Gerald Rayborn
Court of Appeals for the Sixth Circuit
Decided December 6, 2002No. 01-5632PublishedCited by 35 opinions
1Opinion of the CourtMerritt, J., joined by Tarnow, D.J.,
GILMAN, J. (p. 236), delivered a separate concurring opinion.
OPINION
MERRITT, Circuit Judge.
In this case, the United States appeals the order dismissing Defendant Gerald Rayborn’s indictment for arson under 18 U.S.C. § 844(i). The district court found that it lacked subject matter jurisdiction over the matter because it concluded that, as applied to the circumstances of the case, § 844(i) constitutes an unconstitutional extension of Congress’s commerce power. The court believed its decision was compelled by the decisions of the Supreme Court in United States v. Morrison, 529 U.S. 598, 120…
2Cases cited15 opinions
- United States v. LopezSupreme Court of the United States · 1995
- United States v. MorrisonSupreme Court of the United States · 2000
- Jones v. United StatesSupreme Court of the United States · 2000
- Jones v. United StatesSupreme Court of the United States · 2000
- Camps Newfound/Owatonna, Inc. v. Town of HarrisonSupreme Court of the United States · 1997
10 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- United States v. Danielle Lenise BrownCourt of Appeals for the Eleventh Circuit · 2014
- United States v. Jane Reasor, A/K/A San Juanita Rangel ReasorCourt of Appeals for the Fifth Circuit · 2005
- United States v. Cruz-RiveraCourt of Appeals for the First Circuit · 2004
- United States v. GillespieCourt of Appeals for the Tenth Circuit · 2006
- United States v. Richard TitteringtonCourt of Appeals for the Sixth Circuit · 2004
30 more not listed; retrieve them via the Exa API.