U.S. v. McALLISTER

No. 94-8979.

77 F.3d 387 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Eugene Kenny McALLISTER, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 8, 1996.


Attorney(s) appearing for the Case

Lynn Fant, P.C., Marietta, GA, for appellant.

David Edward McClernan, Office of United States Attorney, Northern District of Georgia, Atlanta, GA, for appellee.

Before KRAVITCH and HATCHETT, Circuit Judges, and HILL, Senior Circuit Judge.


KRAVITCH, Circuit Judge:

The constitutionality of 18 U.S.C. § 922(g)(1), which prohibits a felon from possessing a firearm, is the main issue presented in this appeal. We reject appellant's argument that in light of the recent Supreme Court decision in United States v. Lopez, ___ U.S. ___, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995), Congress exceeded its Commerce Clause power by regulating the mere possession of a gun. In addition, appellant claims that improper...

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