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U.S. v. BAUCUM

No. 94-3040.

80 F.3d 539 (1996)

UNITED STATES of America, Appellee v. Patrick BAUCUM, Appellant.

United States Court of Appeals, District of Columbia Circuit.

April 9, 1996.

Attorney(s) appearing for the Case

Thomas G. Corcoran, Jr., appointed by the court, Washington, DC, argued the cause and filed the briefs for appellant.

Molly A. Meegan, Assistant United States Attorney, argued the cause for appellee, with whom Eric H. Holder, Jr., United States Attorney, John R. Fisher and Steven J. McCool, Assistant United States Attorneys, were on the brief. Roy W. McLeese, III, Assistant United States Attorney, entered an appearance.

Before: WALD, SILBERMAN and ROGERS, Circuit Judges.

Opinion for the Court filed PER CURIAM.

ON PETITION FOR REHEARING

PER CURIAM:

In his petition for rehearing, Patrick Baucum for the first time argues that his commerce clause challenge to the constitutionality of the "schoolyard statute"1 goes to the court's subject matter jurisdiction and therefore cannot be deemed to have been waived by his failure to raise it in the trial court. On direct appeal we rejected his argument...

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