United States v. Mahon
Brief Details
- Case No.: 12-10273
- Brief Filed: September 28, 2015
- Jurisdiction: 9th Circuit Court of Appeals
Key Topics in the Brief
Briefs
Prior Decision
Decision below (panel decision) 793 F. 3d 1115 (9th Cir. 2015).
Argument(s)
Congress lacks the power to prohibit crime against a building because its occupants engage in activities that affect interstate commerce. The Jones Court deliberately construed § 844(i) to avoid the pitfall identified by Morrison and Lopez. The panel erred by asking the question eschewed by Jones, thereby extending § 844(i) ‘s reach unconstitutionally.
Author(s)
Shana-Tara O'Toole, NACDL, Washington, DC; David M. Porter, Sacramento, CA; Michael C. Holley, Nashville, TN.
