Friday, August 10, 2012

U.S. v. Henry, No 11-30181 (8-9-12) (M. Smith with Goodwin and W. Fletcher).
What is Heller, and its affirmation of Second Amendment rights, good for if not to be possess homemade machine guns?  And what right does Congress have to use its commerce clause powers to restrict machine gun ownership?  These arguments take aim at the restrictions placed on possessing machine guns, and seek to overturn convictions for, you guessed it, possession of said machine guns.  Unfortunately for adherents of Heller, and for this defendant, the 9th holds that machine guns are "dangerous and unusual weapons" that fall outside of Second Amendment protection.  Moreover, Congress does possess the commerce clause power to ban machine guns.

U.S. v. Flores-Mejia, No. 11-50340 (8-9-12) (Bybee with B. Fletcher and Wardlaw).
The 9th reaffirms that robbery under Calif Penal Stat 211 is a categorical "crime of violence" under 2L1.2's enumerated offenses.


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Saturday, August 11, 2012 4:18:00 AM  

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