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United States v. Alderman

United States Court of Appeals for the Ninth Circuit
565 F.3d 641 (2009)

Written by Sara Rhee, JD

Facts

Cedrick Alderman (defendant) was arrested while attempting to purchase cocaine. At the time, Alderman was wearing a bulletproof vest. Alderman, who had previously been convicted of a violent crime, was indicted under 18 U.S.C. § 931(a), a statute that criminalized the possession of body armor that had been sold in interstate commerce by a person convicted of violent crimes. Alderman moved to dismiss his indictment on the ground that Congress lacked authority under the Commerce Clause to enact § 931(a). The district court denied Alderman’s motion. Alderman thereafter entered a conditional plea agreement, pursuant to which he admitted that the bulletproof vest he wore had crossed state lines, but he expressly preserved his right to challenge the constitutionality of § 931(a). Alderman subsequently appealed.

Rule of Law

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Issue

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Holding and Reasoning (McKeown, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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Dissent (Paez, J.)

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