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
Issue
Holding and Reasoning (McKeown, J.)
Dissent (Paez, J.)
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