Legal Opinion

United States v. Rice

Court of Appeals for the Seventh Circuit

Decided April 1, 2008No. 06-3190PublishedCited by 19 opinions

1Opinion of the Court

WILLIAMS, Circuit Judge.

We have rejected many challenges surrounding the felon-in-possession statute’s interstate commerce requirement, and in this case we reject one more. The statute, 18 U.S.C. § 922(g)(1), requires that the government prove, among other things, that a defendant’s possession of a firearm was “in or affecting commerce.” Complicating matters somewhat, the indictment in this case charged instead that Rice’s possession was “in and affecting commerce.” (We have added the emphasis.) Seizing on this language, Rice maintains that the government needed, and failed, to prove that his…

2Cases cited33 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. Circuit City Stores, Inc. v. AdamsSupreme Court of the United States · 2001
  4. Turner v. United StatesSupreme Court of the United States · 1970
  5. Scarborough v. United StatesSupreme Court of the United States · 1977

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

3Cited by19 opinions

  1. United States v. JohnsonCourt of Appeals for the Seventh Circuit · 2012
  2. United States v. CurtisCourt of Appeals for the Seventh Circuit · 2011
  3. United States v. ErvinCourt of Appeals for the Seventh Circuit · 2008
  4. United States v. Randy Vana Haile, Jr.Court of Appeals for the Eleventh Circuit · 2012
  5. United States v. Edgar Parral-DominguezCourt of Appeals for the Fourth Circuit · 2015

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

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