U.S. v. Kirk, No. 94-50472
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
| Writing for the Court | Before POLITZ, Chief Judge, and KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHE, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS |
| Citation | 78 F.3d 160 |
| Decision Date | 05 March 1996 |
| Docket Number | No. 94-50472 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. William Joseph KIRK, Defendant-Appellant. |
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10 practice notes
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U.S. v. Rybar, 95-3185
...denied, --- U.S. ----, 117 S.Ct. 72, 136 L.Ed.2d 32 (1996); United States v. Kirk, 70 F.3d 791 (5th Cir.1995), reh'g en banc granted, 78 F.3d 160 (5th Cir.1996). The court in Kirk noted that the statute applied only to machine guns not lawfully possessed before May 1986, and thus functioned......
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U.S. v. Kirk, 94-50472
...Kirk's constitutional challenge and affirmed his conviction. United States v. Kirk, 70 F.3d 791 (5th Cir.1995), reh'g en banc granted, 78 F.3d 160 (5th Cir.1996). Because this case poses similar constitutional questions to those presented in United States v. Lopez, 514 U.S. 549, 115 S.Ct. 1......
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U.S. v. Branch, 94-50437
...power under the Commerce Clause. That panel decision has been vacated, and the case is currently pending before the en banc court. 78 F.3d 160 (5th The en banc court's resolution of this issue will govern the ultimate validity of Fatta's convictions on Counts 9 and 10. Under pre-Kirk casela......
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U.S. v. Cleveland, Criminal Action No. 96-207.
...after May 19, 1986). However, the decision in Kirk was recently vacated, and the case is presently pending before the en banc court. See 78 F.3d 160 5. Counts 3 through 6 charge defendants Carl Cleveland, Fred Goodson, and Maria Goodson with mail fraud. Counts 5 and 6 also charge defendant ......
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10 cases
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U.S. v. Cleveland, Criminal Action No. 96-207.
...after May 19, 1986). However, the decision in Kirk was recently vacated, and the case is presently pending before the en banc court. See 78 F.3d 160 5. Counts 3 through 6 charge defendants Carl Cleveland, Fred Goodson, and Maria Goodson with mail fraud. Counts 5 and 6 also charge defendant ......
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U.S. v. Kirk, No. 94-50472
...Kirk's constitutional challenge and affirmed his conviction. United States v. Kirk, 70 F.3d 791 (5th Cir.1995), reh'g en banc granted, 78 F.3d 160 (5th Cir.1996). Because this case poses similar constitutional questions to those presented in United States v. Lopez, 514 U.S. 549, 115 S.Ct. 1......
-
U.S. v. Branch, No. 94-50437
...power under the Commerce Clause. That panel decision has been vacated, and the case is currently pending before the en banc court. 78 F.3d 160 (5th The en banc court's resolution of this issue will govern the ultimate validity of Fatta's convictions on Counts 9 and 10. Under pre-Kirk casela......
-
U.S. v. Rybar, No. 95-3185
...denied, --- U.S. ----, 117 S.Ct. 72, 136 L.Ed.2d 32 (1996); United States v. Kirk, 70 F.3d 791 (5th Cir.1995), reh'g en banc granted, 78 F.3d 160 (5th Cir.1996). The court in Kirk noted that the statute applied only to machine guns not lawfully possessed before May 1986, and thus functioned......
Request a trial to view additional results