U.S. v. DEJESUS

No. CR. 99-728(JBS).

150 F.Supp.2d 684 (2001)

UNITED STATES of America, v. Jerry DeJESUS, Defendant.

United States District Court, D. New Jersey.

July 19, 2001.


Attorney(s) appearing for the Case

Robert J. Cleary, United States Attorney, by David A. Bocian, Assistant U.S. Attorney, Newark, NJ, for U.S.

Richard Coughlin, Federal Public Defender, by Lisa C. Evans, Assistant Federal Public Defender, Camden, NJ, for Defendant.


OPINION UPON MOTION TO DISMISS INDICTMENT

SIMANDLE, District Judge.

This Court is called upon to address the issue whether the federal statute which criminalizes possession of a firearm by a convicted felon, 18 U.S.C. § 922(g)(1), is facially unconstitutional as lying beyond the power of Congress under the Commerce Clause, in light of the recent jurisprudence of the Supreme Court restricting the reach of the Commerce Clause. The felon-in-possession...

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