U.S. v. Faasse
| Decision Date | 01 December 2000 |
| Docket Number | No. 98-2337,98-2337 |
| Parties | (6th Cir. 2000) United States of America, Plaintiff-Appellee, v. Timothy Gordon Faasse, Defendant-Appellant |
| Court | U.S. Court of Appeals — Sixth Circuit |
Before: MARTIN, Chief Judge, MERRITT, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, and GILMAN, Circuit Judges.
Prior report: 227 F.3d 660
A majority of the Judges of this Court in regular active service have voted for rehearing of this case en banc. Sixth Circuit Rule 35(a) provides as follows:
"The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet as a pending appeal."
Accordingly, it is ORDERED, that the previous decision and judgment of this court is vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.
It is further ORDERED that the appellant file a supplemental brief not later than Friday, January 5, 2001, and the appellee file a supplemental brief not later than Monday, February 12, 2001.
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U.S.A. v. Faasse
... ... II. ANALYSIS ... The Constitution grants Congress the power to regulate commerce among the several states. U.S. Const. art. I, §8, cl. 3. Relying on United States v. Lopez, 514 U.S. 549 (1995), Faasse urges us to fashion a narrow and technical definition of commerce that turns on whether the transaction at issue involves trade and is reciprocal in nature. We firmly decline Faasse's invitation to impose heretofore unknown constraints on Congress's Commerce Clause power as unsupportable by either Supreme ... ...
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