U.S. v. PATTON

No. 05-3169.

451 F.3d 615 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Carl A. PATTON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 20, 2006.


Attorney(s) appearing for the Case

Timothy J. Henry, Federal Public Defender Office, Wichita, KS, for Defendant-Appellant.

Brent I. Anderson, Assistant United States Attorney, (Eric F. Melgren, United States Attorney, with him on the brief), Office of the United States Attorney, Wichita, KS, for Plaintiff-Appellee.

Before McCONNELL and BALDOCK, Circuit Judges, and ARMIJO, District Judge.


McCONNELL, Circuit Judge.

It may seem like common sense to prohibit felons' possession of bulletproof vests and other forms of body armor, which facilitate violent crime. Indeed, thirty-one states already do so. But the Constitution does not grant the federal government a police power or a general authority to combat violent crime. See Cohens v. Virginia, 19 U.S. (6 Wheat.) 264, 426, 5 L.Ed. 257 (1821) (Marshall, C.J.) ("Congress has . . . no general right...

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