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U.S. v. SPINELLO

No. 00-3504.

265 F.3d 150 (2001)

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

United States Court of Appeals, Third Circuit.

September 11, 2001.

Attorney(s) appearing for the Case

Mark A. Berman, (Argued), Lawrence S. Lustberg, Gibbons, Del Deo, Dolan, Griffinger & Vecchione One Riverfront Plaza Newark, NJ, Attorneys for Appellant.

Robert J. Cleary, (Argued), United States Attorney, George S. Leone, Asst. United States Attorney, Office of the United States Attorney, Newark, NJ, Attorneys for Appellees.

Before ROTH, BARRY, and AMBRO, Circuit Judges.

OPINION OF THE COURT

BARRY, Circuit Judge:

We are principally called upon in this appeal to decide two issues of first impression in this Court. The first is one in a long line of post-Lopez1 challenges to federal statutes on Commerce Clause grounds, this one to the federal bank robbery statute, 18 U.S.C. § 2113. The second asks that we determine whether a recent amendment to the United States Sentencing Guidelines...

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