Legal Opinion
United States v. John W. Kenney
Court of Appeals for the Seventh Circuit
Decided July 30, 1996No. 95-3937PublishedCited by 77 opinions
1Opinion of the Court
FLAUM, Circuit Judge.
The sole question in this direct appeal is whether John Kenney’s conviction for possession of a machine gun is invalid because the criminal statute, 18 U.S.C. § 922(o), is unconstitutional. He argues that the Supreme Court’s reasoning in United States v. Lopez, — U.S.-, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995), demonstrates that § 922(o) exceeds the scope of Congress’s legislative power under the Commerce Clause, U.S. Const. Art. I, § 8, el. 3. The magistrate judge agreed and recommended granting Kenney’s motion to dismiss the indictment, but the district court took the…
2Cases cited28 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- United States v. LopezSupreme Court of the United States · 1995
- Gibbons v. OgdenSupreme Court of the United States · 1824
- United States v. BassSupreme Court of the United States · 1971
- Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
23 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- United States v. Carlton E. WilsonCourt of Appeals for the Seventh Circuit · 1998
- United States v. Ralph Wayne AngleCourt of Appeals for the Seventh Circuit · 2000
- United States v. Charles W. WestbrookCourt of Appeals for the Seventh Circuit · 1997
- United States v. Joseph RodiaCourt of Appeals for the Third Circuit · 1999
- United States v. Raymond Rybar, Jr.Court of Appeals for the Third Circuit · 1996
72 more not listed; retrieve them via the Exa API.