U.S. v. MURPHY

Crim. No. 94-0551C-01.

893 F.Supp. 614 (1995)

UNITED STATES of America v. James Dennis MURPHY, Jr.

United States District Court, W.D. Virginia, Roanoke Division.

July 18, 1995.


Attorney(s) appearing for the Case

Julie Campbell, Asst. U.S. Atty., Roanoke, VA, for U.S.

William Cleaveland, Roanoke, VA, for defendant.


Memorandum Opinion

CONRAD, United States Magistrate Judge.

This action is before the court upon defendant James Murphy's challenge to the constitutionality of the statute under which he was charged. Substantially relying on United States v. Lopez, 514 U.S. ___, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995), defendant first argues that Congress exceeded its authority to legislate under the commerce clause of Article I, § 8, cl. 3, when it enacted...

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