Legal Opinion

United States v. Cunningham

Court of Appeals for the Eleventh Circuit

Decided December 4, 1998No. 97-3419PublishedCited by 76 opinions

1Opinion of the Court

KRAVITCH, Senior Circuit Judge:

This appeal requires us to decide whether Congress exceeded its authority under the Commerce Clause when it enacted 18 U.S.C. § 922(g)(8), which renders it unlawful for any person who is subject to a protective order that prohibits domestic violence to “possess in or affecting commerce ... any firearm.” We hold that section 922(g)(8) is constitutional, and AFFIRM the defendant’s conviction.

I

On September 16, 1996, a Florida circuit judge, in Florida’s Second Judicial Circuit, entered an “injunction against repeat violence” that enjoined Ivan Russell Cunningham…

2Cases cited18 opinions

  1. United States v. LopezSupreme Court of the United States · 1995
  2. United States v. BassSupreme Court of the United States · 1971
  3. Scarborough v. United StatesSupreme Court of the United States · 1977
  4. William Howard Cross, Sr. v. United StatesCourt of Appeals for the Eleventh Circuit · 1990
  5. United States v. McAllisterCourt of Appeals for the Eleventh Circuit · 1996

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

3Cited by76 opinions

  1. Joana C. Sepulveda v. U.S. Atty. Gen.Court of Appeals for the Eleventh Circuit · 2005
  2. United States v. MeadeCourt of Appeals for the First Circuit · 1999
  3. Smith v. Secretary, Dept. of CorrectionsCourt of Appeals for the Eleventh Circuit · 2009
  4. United States v. Michael Charles JonesCourt of Appeals for the Ninth Circuit · 2000
  5. United States v. McGarityCourt of Appeals for the Eleventh Circuit · 2012

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

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