United States v. Robert Spinello

OPINION OF THE COURT

BARRY, Circuit Judge:

We are principally called upon in this appeal to decide two issues of first impression in this Court. The first is one in a long line of post-Lopez 1 challenges to federal statutes on Commerce Clause grounds, this one to the federal bank robbery statute, 18 U.S.C. § 2113. The second asks that we determine whether a recent amendment to the United States Sentencing Guidelines which, in the words of the Sentencing Commission, “defines and describes aberrant behavior” was a mere clarification or a substantive change in the law. We reject the challenge to §…