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· 3/11/1997

UNITED STATES of America, Plaintiff-Appellee, v. Shawn Dean CLAYTON, Defendant-Appellant

Citations

  • 108 F.3d 1114
  • 97 Daily Journal DAR 3393
  • 97 Cal. Daily Op. Serv. 1809
  • 1997 U.S. App. LEXIS 4297
  • 1997 WL 104637

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that because cellular telephones and cellphone ID numbers are instrumentalities of interstate commerce, protectable under the second category of Lopez, no further inquiry was necessary to sustain conviction under 18 U.S.C.A. S 1029(a) (West 2000)
  • holding that telephones are instrumentalities of interstate commerce falling under category two of Lopez and no further inquiry is necessary to determine that their regulation is within Commerce Clause authority
  • holding that because cellular telephones and cellphone ID numbers are instrumentalities of interstate commerce, protectable under the second category of Lopez, no further inquiry was necessary to sustain conviction under 18 U.S.C.A. § 1029(a) (West 2000)
  • explaining that telephones and cell phones 9 are instrumentalities of interstate commerce
  • rejecting Clayton's argument that under Lopez, 18 U.S.C. 1029(a) requires the government to prove a \substantial\ effect on interstate commerce
  • rejecting Clayton's argument that under Lopez, 18 U.S.C. 1029(a) requires the government to prove a \substantial\ effect on interstate commerce

Source: CourtListener parenthetical corpus (CC0).

Judges: Norris, Kozinski, Molloy

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.