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U.S. v. CLARK

No. 04-30249.

435 F.3d 1100 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Lewis CLARK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 25, 2006.

Attorney(s) appearing for the Case

Michael Filipovic, Assistant Federal Public Defender, Vicki W.W. Lai, Research and Writing Attorney, Federal Public Defender's Office, Seattle, WA, for the defendant-appellant.

John McKay, United States Attorney, Helen J. Brunner, John J. Lulejian, Susan B. Dohrmann, Assistant United States Attorneys, Seattle, WA, for the plaintiff-appellee.

Before HUG, FERGUSON, and McKEOWN, Circuit Judges.

Opinion by Judge McKEOWN; Dissent by Judge FERGUSON.

McKEOWN, Circuit Judge.

In this appeal we are confronted with a question of first impression regarding the scope of Congress's power under the Foreign Commerce Clause.1 At issue is whether Congress exceeded its authority "to regulate Commerce with foreign Nations," U.S. Const. art. I, § 8, cl. 3, in enacting a statute that makes it a felony for any U.S. citizen who travels...

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