Legal Opinion

United States v. Robert Franklyn, Also Known as Robert Franklin, and Ralph Gonzalez, Also Known as Raphael Quinones

Court of Appeals for the Second Circuit

Decided September 11, 1998No. Dockets 97-1392, 97-1427PublishedCited by 62 opinions

1Opinion of the Court

JACOBS, Circuit Judge.

Defendant-appellant Robert Franklyn, having been convicted by a jury of (inter alia) unlawfully possessing a machine gun in violation of 18 U.S.C. § 922(o)(l) and 18 U.S.C. § 2, challenges the judgment of conviction entered by the United States District Court for the Southern District of New York (Cote, J.) on the grounds (i) that the enactment of 18 U.S.C. § 922(o) exceeded the Commerce Clause power of Congress because the statute criminalizes the wholly intrastate possession of a machine gun; and (ii) that the prosecutor’s use of peremptory challenges violated Batson…

2Cases cited36 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Batson v. KentuckySupreme Court of the United States · 1986
  3. Hernandez v. New YorkSupreme Court of the United States · 1991
  4. Koon v. United StatesSupreme Court of the United States · 1996
  5. United States v. LopezSupreme Court of the United States · 1995

31 more not listed; retrieve them via the Exa API.

3Cited by62 opinions

  1. United States v. GarciaCourt of Appeals for the Second Circuit · 2005
  2. Frances E. Weeks v. New York State (Division of Parole) & Patrick HoyCourt of Appeals for the Second Circuit · 2001
  3. United States v. MulderCourt of Appeals for the Second Circuit · 2001
  4. United States v. Joseph RodiaCourt of Appeals for the Third Circuit · 1999
  5. United States v. Deborah A. BrownCourt of Appeals for the Second Circuit · 2003

57 more not listed; retrieve them via the Exa API.

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