United States Tenth Circuit

In the context of a Commerce Clause challenge, a statute which prohibits the purchase, owning, or possession of body armor by certain felons does not fit within any of the three categories in the current test for determining the reach of the Commerce Clause, but is upheld under the authority of other precedents from the Supreme Court and from the circuit court.

Appellate Information

• Decided 06/20/2006
• Published 06/21/2006

Judges

• McCONNELL, Circuit Judge., Before McCONNELL and BALDOCK, Circuit Judges, and ARMIJO, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Timothy J. Henry, Federal Public Defender Office, Wichita, KS, for Defendant-Appellant., Brent I. Anderson, Assistant United States Attorney, (Eric F. Melgren, United States Attorney, with him on the brief), Office of the United States Attorney, Wichita, KS, for Plaintiff-Appellee.