Legal Opinion
United States v. Emerson
District Court, N.D. Texas
Decided April 7, 1999No. CR. A. 6:98CR103CPublishedCited by 23 opinions
1Opinion of the Court
AMENDED MEMORANDUM OPINION 1
CUMMINGS, District Judge.
Defendant Timothy Joe Emerson (“Emerson”) moves to dismiss the Indictment against him, claiming that the statute he is prosecuted under, 18 U.S.C. § 922(g)(8), is an unconstitutional exercise of congressional power under the Commerce Clause and the Second, Fifth, and Tenth Amendments to the United States Constitution. For the reasons stated below, the Court GRANTS Emerson’s Motion to Dismiss.
I
BACKGROUND
On August 28, 1998, Emerson’s wife, Sacha, filed a petition for divorce and ap plication for a temporary restraining order in the 119th…
2Cases cited24 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- United States v. LopezSupreme Court of the United States · 1995
- Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
- Staples v. United StatesSupreme Court of the United States · 1994
- Garcia v. San Antonio Metropolitan Transit AuthoritySupreme Court of the United States · 1985
19 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- United States v. EmersonCourt of Appeals for the Fifth Circuit · 2001
- United States v. Harvey Lloyd NapierCourt of Appeals for the Sixth Circuit · 2000
- United States v. Jim Edd BakerCourt of Appeals for the Sixth Circuit · 1999
- United States v. Joe John Kafka IIICourt of Appeals for the Ninth Circuit · 2000
- United States v. Jeffrey BeaversCourt of Appeals for the Sixth Circuit · 2000
18 more not listed; retrieve them via the Exa API.