U.S. v. DANKS

No. 98-4147.

221 F.3d 1037 (1999)

UNITED STATES of America, Appellee, v. Jordan DANKS, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 13, 1999.


Attorney(s) appearing for the Case

Clare R. Hochhalter, U.S. Attorney's Office, Bismarck, ND, for Plaintiff—Appellee.

Jordan Danks, pro se.

Debra K. Edwardson, Edwardson Law Office, Minot, ND, for Defendant—Appellant.

Before McMILLIAN, RICHARD S. ARNOLD, and HANSEN, Circuit Judges.


PER CURIAM.

In April 1998, Danks shot at a car, which was parked within 1,000 feet of an elementary school. After a federal grand jury charged Danks with possessing a firearm within 1,000 feet of a school, in violation of 18 U.S.C. § 922(q)(2)(A), Danks moved to dismiss the indictment against him, arguing that section 922(q), as amended in 1996 (the amended Act), is an unconstitutional use of Congress's Commerce Clause power. The District Court

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