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U.S. v. BISHOP

Nos. 94-5321, 94-5387.

66 F.3d 569 (1995)

UNITED STATES of America v. Kevin BISHOP, Appellant. UNITED STATES of America v. Edward STOKES, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 7, 1995.

As Amended September 29, 1995.

Attorney(s) appearing for the Case

Kim A. Otis (argued), Haveson & Otis, Princeton, NJ, for appellant Kevin Bishop.

Michael J. Sullivan (argued), Office of Federal Public Defender, Newark, NJ, for appellant, Edward Stokes.

Kevin McNulty (argued), Office of United States Attorney, Newark, NJ, for U.S.

Before: BECKER, LEWIS and GARTH, Circuit Judges.

OPINION OF THE COURT

LEWIS, Circuit Judge.

We are called upon in this case principally to perform one of our most delicate duties — determining whether Congress exceeded its constitutional authority in enacting a federal law. At issue is the power of Congress to criminalize "carjacking" — the armed theft of an automobile from the presence of another by force and violence or by intimidation. Congress...

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