Legal Opinion
United States v. Aiken
District Court, D. Maryland
Decided March 24, 1992No. MJG-91-0366PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
GARBIS, District Judge.
The Court has before it the Motion to Dismiss Count Two of the Indictment, and the materials submitted by the parties relating thereto. The Court has also had the benefit of oral argument. For reasons detailed below, the Court holds that 26 U.S.C. § 5861(d) 1 is constitutional as applied to a short-barrelled shotgun.
For purposes of this motion, the Court assumes the facts to be as asserted by the Government. In 1987, while in the United States Army stationed at Fort Leonard-wood, Missouri, Defendant Eric Lamont Aiken purchased a short-barreled…
2Cases cited12 opinions
- Sonzinsky v. United StatesSupreme Court of the United States · 1937
- United States v. Frank Ross, Jr.Court of Appeals for the Fifth Circuit · 1972
- United States v. Rock Island Armory, Inc.District Court, C.D. Illinois · 1991
- United States v. Robert L. BennettCourt of Appeals for the Second Circuit · 1983
- Raymond Charles Milentz v. United StatesCourt of Appeals for the Eighth Circuit · 1971
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3Cited by5 opinions
- United States v. RidlehuberCourt of Appeals for the Fifth Circuit · 1993
- United States v. Eric Lamont AikenCourt of Appeals for the Fourth Circuit · 1992
- United States v. TepperDistrict Court, D. Colorado · 1992
- United States v. Earle R. Shepardson, III and Derek P. St. Don, David MaxwellCourt of Appeals for the Second Circuit · 1999
- United States v. RidlehuberCourt of Appeals for the Fifth Circuit · 1993