U.S. v. MARTINEZ

No. 93-50803.

49 F.3d 1398 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos Gregorio MARTINEZ, aka Carlos Martinez Estrada, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 7, 1995.


Attorney(s) appearing for the Case

Mary E. Maguire, Cohen & Hubachek, San Diego, CA, for defendant-appellant.

Larry A. Burns, Asst. U.S. Atty., San Diego, CA, for plaintiff-appellee.

Before: D.W. NELSON, NORRIS, and BOGGS, Circuit Judges.


WILLIAM A. NORRIS, Circuit Judge:

Carlos Gregorio Martinez appeals his convictions for armed carjacking, 18 U.S.C. § 2119, using or carrying a firearm during commission of a crime of violence, 18 U.S.C. § 924(c)(1), and being an armed career criminal, 18 U.S.C. § 924(e).

On appeal, Martinez argues that: (1) the Anti-Car Theft Act, 18 U.S.C. § 2119, was enacted in violation of the commerce clause; (2) section 2119 is void for vagueness and...

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