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U.S. v. SWIDA

No. 3:CR-98-295.

180 F.Supp.2d 652 (2002)

UNITED STATES of America, v. Mark SWIDA, Defendant.

United States District Court, M.D. Pennsylvania.

January 15, 2002.

Attorney(s) appearing for the Case

Joseph M. Cosgrove, Forty Fort, PA, Mark Swida, Wilkes-Barre, PA, Gerard Edmund Grealish, Scranton, PA, for Defendant.

John C. Gurganus, Jr., Assistant U.S. Attorney, U.S. Attorney's Office, Scranton, PA, for U.S.

MEMORANDUM

VANASKIE, Chief Judge.

Defendant Mark Swida has moved to dismiss an indictment charging him with illegal possession of a machine gun, in violation of 18 U.S.C. § 922(o), on the ground that § 922(o) "is unconstitutional in that it was enacted in excess of the power to regulate interstate commerce." (Motion to Dismiss Indictment (Dkt. Entry 24) at ¶ 10.) Acknowledging that the Third Circuit has sustained the constitutionality...

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