Legal Opinion
United States v. Emerson
Court of Appeals for the Fifth Circuit
Decided November 2, 2001No. 99-10331PublishedCited by 220 opinions
1Opinion of the Court
GARWOOD, Circuit Judge:
The United States appeals the district court’s dismissal of the indictment of Defendant-Appellee Dr. Timothy Joe Emerson (Emerson) for violating 18 U.S.C. § 922(g)(8)(C)(ii). The district court held that section 922(g)(8)(C)(ii) was unconstitutional on its face under the Second Amendment and as applied to Emerson under the Due Process Clause of the Fifth Amendment. We reverse and remand.
Facts and Proceedings Below
On August 28, 1998, Sacha Emerson, Emerson’s wife, filed a petition for divorce in the 119th District Court of Tom Green County, Texas. The petition also…
2Cases cited61 opinions
- Duncan v. LouisianaSupreme Court of the United States · 1968
- United States v. LopezSupreme Court of the United States · 1995
- Russello v. United StatesSupreme Court of the United States · 1983
- United States v. TurketteSupreme Court of the United States · 1981
- Planned Parenthood of Southeastern Pa. v. CaseySupreme Court of the United States · 1992
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3Cited by220 opinions
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- Parker v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 2007
- National Rifle Ass'n of America, Inc. v. Bureau of Alcohol, Tobacco, Firearms, & ExplosivesCourt of Appeals for the Fifth Circuit · 2012
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