U.S. v. KENNEY

No. 95-3937.

91 F.3d 884 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. John W. KENNEY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 30, 1996.


Attorney(s) appearing for the Case

John W. Vaudreuil (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee.

Thomas J. Coaty (argued), Madison, WI, for Defendant-Appellant.

Before FLAUM, RIPPLE, and ROVNER, Circuit Judges.


FLAUM, Circuit Judge.

The sole question in this direct appeal is whether John Kenney's conviction for possession of a machine gun is invalid because the criminal statute, 18 U.S.C. § 922(o), is unconstitutional. He argues that the Supreme Court's reasoning in United States v. Lopez, ___ U.S. ___, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995), demonstrates that § 922(o) exceeds the scope of Congress's legislative power under the Commerce Clause...

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