United States v. Bell

MEMORANDUM AND ORDER

JULIE A. ROBINSON, District Judge.

Before the Court is defendant William J. Bell’s Motion to Dismiss (Doc. 45). The Court has reviewed the briefs and is ready to rule. For the reasons detailed below, defendant’s motion is denied.

Defendant moves to dismiss the Indictment on the basis that the carjacking statute 18 U.S.C. § 2119 is unconstitutional, a facial challenge that the statute exceeds Congress’ power under the Commerce Clause of the United States Constitution. 1 Defendant acknowledges that there is Tenth Circuit precedent upholding the constitutionality of the…