U.S. v. MUSSARI

Nos. 95-10479, 95-10513.

95 F.3d 787 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Allan A. MUSSARI, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. Donald W. SCHROEDER, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 5, 1996.


Attorney(s) appearing for the Case

Michael Bidwill, Assistant United States Attorney, Phoenix, AZ; David S. Kris, United States Department of Justice, Washington, D.C., for plaintiff-appellant.

David Lee Titterington, Sigmond G. Popko, Assistant Federal Public Defenders, Phoenix, AZ, for defendants-appellees.

Before: JOHN T. NOONAN, Jr. and THOMPSON, Circuit Judges, HAGEN, District Judge.


NOONAN, Circuit Judge:

The United States appeals the dismissal of indictments charging Donald W. Schroeder and Allan A. Mussari with violations of the Child Support Recovery Act of 1992, 18 U.S.C. § 228 (the CSRA). The cases, which have been consolidated on this appeal, present the question of whether Congress has power under the Commerce Clause to enact the statute. In thoughtful opinions the district court held that it did not. We come to the contrary conclusion...

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