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U.S. v. FRANKLYN

Dockets 97-1392, 97-1427.

157 F.3d 90 (1998)

UNITED STATES of America, Appellee, v. Robert FRANKLYN, also known as Robert Franklin, and Ralph Gonzalez, also known as Raphael Quinones, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 11, 1998.

Attorney(s) appearing for the Case

Wesley M. Serra, New York City (Brown Berne & Serra, on the brief), for Defendant-Appellant Robert Franklyn.

Mark Diamond, New York City, for Defendant-Appellant Ralph Gonzalez.

Jamie L. Kogan, Assistant United States Attorney, New York City (Mary Jo White, United States Attorney for the Southern District of New York, Elizabeth Glazer, Assistant United States Attorney, on the brief), for Appellee.

Before: JACOBS and MAGILL, Circuit Judges, and KORMAN, District Judge.

JACOBS, Circuit Judge.

Defendant-appellant Robert Franklyn, having been convicted by a jury of (inter alia) unlawfully possessing a machine gun in violation of 18 U.S.C. § 922(o)(1) and 18 U.S.C. § 2, challenges the judgment of conviction entered by the United States District Court for the Southern District of New York (Cote, J.) on the grounds (i) that the enactment of 18 U.S.C. § 922(o) exceeded the Commerce Clause power...

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