U.S. v. BAILEY

No. 95-50721.

115 F.3d 1222 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Keith Douglas BAILEY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 12, 1997.


Attorney(s) appearing for the Case

David S. Kris, U.S. Department of Justice, Washington, DC, for Plaintiff-Appellant.

Henry Joseph Bemporad, San Antonio, TX, for Defendant-Appellee.

Before POLITZ, Chief Judge, and SMITH and DUHÉ, Circuit Judges.


DUHÉ, Circuit Judge:

We consider for the first time the reach of Congress's authority to enact under the Commerce Clause the Child Support Recovery Act, 18 U.S.C. § 228, which makes it a federal crime to "willfully fail[] to pay a past due support obligation with respect to a child who resides in another state." We conclude that the Act passes constitutional muster under Congress's plenary powers to regulate both the use of the channels of interstate commerce...

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