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U.S. v. ALDERMAN

No. 07-30186.

565 F.3d 641 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Cedrick Bernard ALDERMAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 12, 2009.

Attorney(s) appearing for the Case

Helen J. Brunner, Assistant United States Attorney, Seattle, WA, for the plaintiff-appellee.

Brian Tsuchida, Assistant Federal Public Defender, Seattle WA (on the brief) and Vicki Lai, Assistant Federal Public Defender, Seattle WA (on the brief and oral argument) for the defendant-appellant.

Opinion by Judge MCKEOWN; Dissent by Judge PAEZ.

McKEOWN, Circuit Judge:

This case of first impression in the Ninth Circuit requires us to consider whether Congress has the authority under the Commerce Clause of the United States Constitution, art. I, § 8, cl. 3, to criminalize the possession by a felon of body armor that has been "sold or offered for sale in interstate commerce." 18 U.S.C. §§ 931 and 921(a)(35). Put another way, the issue is whether the...

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