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U.S. v. McKINNEY

No. 95-3105.

98 F.3d 974 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Larry McKINNEY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 23, 1996.

Attorney(s) appearing for the Case

Robert Lee Garrison (argued), Office of the United States Attorney, Criminal Division, Fairview Heights, IL, for Plaintiff-Appellee.

Renee E. Schooley (argued), Office of the Federal Public Defender, East St. Louis, IL, for Defendant-Appellant.

Before COFFEY, RIPPLE, and MANION, Circuit Judges.

MANION, Circuit Judge.

A jury convicted Larry McKinney of conspiracy to distribute cocaine, distribution of cocaine, and distribution of cocaine within 1000 feet of a public school. Before trial, through a motion to dismiss, McKinney challenged as unconstitutional one of the statutes under which he was later convicted. Citing United States v. Lopez, ___ U.S. ___, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995), McKinney argued Congress exceeded its authority under the...

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