U.S. v. McLEAN

No. 14-10061.

802 F.3d 1228 (2015)

UNITED STATES of America, Plaintiff-Appellant-Cross-Appellee, v. David McLEAN, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 24, 2015.


Attorney(s) appearing for the Case

Kathleen Mary Salyer , Madeleine R. Shirley , Wifredo A. Ferrer , U.S. Attorney's Office, Miami, FL, Neil Karadbil , U.S. Attorney's Office, Fort Lauderdale, FL, for Plaintiff-Appellant-Cross-Appellee.

Clarence Edward McGee, Jr. , McGee & Huskey, PA, Fort Lauderdale, FL, for Defendant-Appellee-Cross-Appellant.

Before MARCUS and WILSON, Circuit Judges, and SCHLESINGER, District Judge.


This appeal presents us with two challenges. First, we must address the limits of a federal criminal statute to ensure the statute comports with the Constitution and that it does not invade the domain of the States' police power.

No federal criminal common law exists. This proposition was "long since settled...

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