U.S. v. SMITH

No. 99-10171.

217 F.3d 746 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Darrel Richard SMITH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission withdrawn January 19, 2000.

Resubmitted April 5, 2000.

Filed June 29, 2000.


Attorney(s) appearing for the Case

Richard E. Gardiner, Fairfax, Virginia, for the defendant-appellant.

J. Walter Green, Assistant United States Attorney, Las Vegas, Nevada, for the plaintiff-appellee.

Before: ALARCON, TASHIMA and SILVERMAN, Circuit Judges.


SILVERMAN, Circuit Judge:

Defendant Darrel Richard Smith appeals his conviction and sentence following a jury trial. Smith was convicted of violating 18 U.S.C. § 922(o)(1), possession of a machine gun. Smith argues that the district court erred in denying his motion to suppress the evidence obtained as a result of an investigatory stop of his vehicle. Furthermore, he asserts that 18 U.S.C. § 922(o)(1) exceeds Congress' power under the Commerce Clause and...

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