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U.S. v. RYBAR

No. 95-3185.

103 F.3d 273 (1996)

UNITED STATES of America v. Raymond RYBAR, Jr., Appellant.

United States Court of Appeals, Third Circuit.

Decided December 30, 1996.

Attorney(s) appearing for the Case

James H. Jeffries, III (argued), Greensboro, NC, for Appellant.

Bonnie R. Schlueter, Mary Beth Buchanan (argued), Office of United States Attorney, Pittsburgh, PA, for Appellee.

Before: SLOVITER, Chief Judge, and ALITO, Circuit Judge, and RENDELL, District Judge.

OPINION OF THE COURT

SLOVITER, Chief Judge.

Appellant Raymond Rybar, Jr. was convicted following a conditional guilty plea to two counts of violating 18 U.S.C. § 922(o), which makes it "unlawful for any person to transfer or possess a machinegun." On appeal, he argues that the district court erred in rejecting his challenge to that provision as beyond Congress' commerce power and as violating the Second Amendment. Neither challenge is persuasive...

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