UNITED STATES v. FAASSE

No. 98-2337.

227 F.3d 660 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy Gordon FAASSE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 25, 2000


Attorney(s) appearing for the Case

Thomas J. Gezon (briefed), Assistant United States Attorney, Grand Rapids, Michigan, for Plaintiff-Appellee.

Christopher P. Yates (briefed), Federal Public Defenders Office, Grand Rapids, Michigan, for Defendant-Appellant.

Before: BOGGS, NORRIS, and BATCHELDER, Circuit Judges.


OPINION

BATCHELDER, Circuit Judge.

This case requires us to decide whether the Commerce Clause empowers Congress to criminalize the failure to obey a state court order when the State itself has declined to do so. We hold that the Commerce Clause does not invest Congress with such a power.

I. Background

Timothy Gordon Faasse and Sandra Bowman met in a Michigan video store in 1989. The couple began dating, and in 1990, Bowman became pregnant...

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