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U.S. v. SPINELLO

No. CRIM.A.99-536(JAG).

95 F.Supp.2d 242 (2000)

UNITED STATES of America, v. Robert SPINELLO, Defendant.

United States District Court, D. New Jersey.

May 1, 2000.

Attorney(s) appearing for the Case

Robert J. Cleary, United States Attorney, Matthew S. Queler, Assistant United States Attorney, Newark, NJ, for U.S.

Lawrence S. Lustberg, Mark A. Berman, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, NJ, for Defendant Robert Spinello.

OPINION

GREENAWAY, District Judge.

Defendant Robert Spinello is charged in a three-count indictment with committing a bank robbery. Defendant now asks this Court to dismiss the indictment because the federal bank robbery statute, 18 U.S.C. § 2113, impermissibly exceeds Congress's authority under the Commerce Clause, U.S. Const., Art. I, § 8 cl. 3.1 As discussed below, this Court finds that the statute is constitutional...

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