United States v. Lowe

MEMORANDUM AND ORDER

SARIS, District Judge.

Defendant Paul E. Lowe (“Lowe”) moves to dismiss Count One of the Indictment charging him with carjacking in violation of 18 U.S.C. § 2119 1 on the grounds that the statute exceeds the scope of Congress’ regulatory power under the Commerce Clause. For the reasons given below, Lowe’s motion is DENIED.

In United States v. Lopez, — U.S. -, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995), the Supreme Court struck down the Gun-Free School Zones Act of 1990, which made possession of a firearm in a school zone a federal crime, as beyond the power of Congress to…