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U.S. v. PRITCHETT

No. 02-14129.

327 F.3d 1183 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Draper PRITCHETT, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 9, 2003.

Attorney(s) appearing for the Case

Kristen Gartman Rogers, Fed. Pub. Def., Fred W. Tiemann, Asst. Fed. Pub. Def., Carlos Alfredo Williams, Fed. Def. Org., Mobile, AL, for Defendant-Appellant.

Charles A. Kandt, Richard H. Loftin, Mobile, AL, for Plaintiff-Appellee.

Before DUBINA and FAY, Circuit Judges, and DOWD, District Judge.

DUBINA, Circuit Judge:

The question presented in this appeal, which is one of first impression in our circuit, is whether 18 U.S.C. § 922(j) is constitutional under the Commerce Clause1 of the United States Constitution. For the reasons that follow, we hold that § 922(j) is a proper exercise of Congress's power under the Commerce Clause and, consequently, affirm.

I. BACKGROUND

In a one-count indictment...

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