United States of America v. Gibert
United States Court of Appeals for the Fourth Circuit
677 F.3d 613 (2012)
- Written by Kyli Cotten, JD
Facts
Jeffrey Brian Gibert (defendant) entered roosters into a “cockfighting derby” where a series of fights between roosters were held. At these derbies, spectators would place knives or other sharp instruments on the roosters to increase lethal combat. Gibert was later charged by the government (plaintiff) in federal court with violating the federal animal-fighting statute. Gibert entered a conditional guilty plea, specifically reserving the right to challenge Congress’s powers under the Commerce Clause in the United States Constitution to enact an animal-fighting statute. The district court accepted the plea, and Gibert appealed his conviction. On appeal, Gibert argued that animal fighting is an inherently intrastate activity that has no substantial effect on interstate commerce, and thus should be a matter reserved to the states.
Rule of Law
Issue
Holding and Reasoning (Keenan, J.)
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