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U.S. v. Kirk, No. 94-50472 (5th Cir.) (105 F.3d 997) (February 3, 1997) (Per Curiam)

The issue raised in this case was whether Congress had exceeded its powers under the Commerce Clause in enacting 18 U.S.C. § 922(o), which criminalizes even the wholly intrastate possession of a machinegun. The en banc court divided evenly on the issue, so the lower court's determination that the conviction ...

 

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