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U.S. v. MALLORY

No. 94-6049-CR.

884 F.Supp. 496 (1995)

UNITED STATES of America, Plaintiff, v. Dale MALLORY, and Cheryl Reddick, Defendants.

United States District Court, S.D. Florida.

February 13, 1995.

Attorney(s) appearing for the Case

Sylvia Pinera-Vazquez, Asst. U.S. Atty., Miami, FL, for U.S.

Samuel Smargon, Asst. Federal Public Defender, Miami, FL, for defendants.

AMENDED ORDER ON MOTION TO DISMISS

FERGUSON, District Judge.

THIS CAUSE came before the court upon defendant Dale Mallory's motion to dismiss the indictment. The broad constitutional question raised by the motion is whether Congress may federalize random street crimes, already regulated by specific state laws, on the basis of the Commerce Clause, where the offenses occurred entirely intrastate. More narrowly, as alleged by the defendants, Title 18...

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