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U.S. v. PARKER

No. 95-2018.

108 F.3d 28 (1997)

UNITED STATES of America, Appellant, v. Steven Paul PARKER.

United States Court of Appeals, Third Circuit.

Decided March 7, 1997.

Attorney(s) appearing for the Case

Michael R. Stiles, United States Attorney, Walter S. Batty, Jr., Assistant United States Attorney, Chief of Appeals, Linda Dale Hoffa, Assistant United States Attorney, Robert A. Zauzmer (Argued), Assistant United States Attorney, Office of United States Attorney, Philadelphia, PA, for Appellant.

Steven A. Feldman (Argued), Feldman & Feldman, Hauppauge, NY, for Appellee.

Before: STAPLETON and MANSMANN, Circuit Judges and RESTANI, Judge.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

This appeal from the dismissal of a criminal information for failure to pay past-due child support presents a question of first impression for us. We must determine whether enactment of the Child Support Recovery Act of 1992, 18 U.S.C. § 228 (1995) ("The Act") was within the power granted to Congress under Article 1, Section 8, Clause 3 of the Constitution. Because we are convinced

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