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U.S. v. CHISHOLM

No. 95-5433 Non-Argument Calendar.

105 F.3d 1357 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Stephen CHISHOLM, a.k.a. Stephenegeno Chisholm, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 18, 1997.

Attorney(s) appearing for the Case

Manuel L. Dobrinsky, Kathleen M. Williams, Assistant Fed. Public Defenders, Miami, FL, for Defendant-Appellant.

Dawn Bowen, Asst. U.S. Atty., Miami, FL, for Plaintiff-Appellee.

Before BIRCH and CARNES, Circuit Judges, and KRAVITCH, Senior Circuit Judge.

PER CURIAM:

Stephen Chisholm moved in the district court for a dismissal of Count I of his indictment for possession of a firearm by a felon, 18 U.S.C. § 922(g)(1), on the ground that this statute is an unconstitutional exercise of Congress's Commerce Clause authority, and citing the Supreme Court's decision in United States v. Lopez, ___ U.S. ___, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995). When the district court denied his motion, Chisholm pleaded guilty...

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