· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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