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U.S. v. EMERSON

No. CR. A. 6:98CR103C.

46 F.Supp.2d 598 (1999)

UNITED STATES of America v. Timothy Joe EMERSON.

United States District Court, N.D. Texas, San Angelo Division.

April 7, 1999.

Attorney(s) appearing for the Case

William B. Mateja, Assistant United States Attorney, Lubbock, TX, for plaintiff.

David Michael Guinn, Assistant Federal Public Defender, Lubbock, TX, for defendant.

AMENDED MEMORANDUM OPINION1

CUMMINGS, District Judge.

Defendant Timothy Joe Emerson ("Emerson") moves to dismiss the Indictment against him, claiming that the statute he is prosecuted under, 18 U.S.C. § 922(g)(8), is an unconstitutional exercise of congressional power under the Commerce Clause and the Second, Fifth, and Tenth Amendments to the United States Constitution. For the reasons stated below, the Court

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