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UNITED STATES v. SWEET

Nos. 76-1366, 76-1379, 76-1387.

548 F.2d 198 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. John L. SWEET et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 17, 1977.

Rehearing Denied February 16, 1977.

Certiorari Denied April 18, 1977.

Attorney(s) appearing for the Case

Lawrence E. Morrissey, Charles R. Purcell, Morton E. Friedman, Kenneth L. Cunniff, Chicago, Ill., for defendants-appellants.

Samuel K. Skinner, U. S. Atty., Patricia W. Lemley, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellee.

Before FAIRCHILD, Chief Judge, CASTLE, Senior Circuit Judge, and WOOD, Circuit Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

The major issue is whether Congress in enacting 18 U.S.C. § 844(i)1 has exceeded its permissible reach into local matters under the Commerce Clause of the Constitution of the United States as applied to the facts of this case. We think not.

On August 28, 1975, the defendants, John L. Sweet, Henry D. Hollowell and James C. Hogan, were charged in a four count indictment with conspiring to...

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