United States of America, Plaintiff-appellant, v. Juvenile Male, Defendant-appellee, 98 F.3d 1347 (9th Cir. 1996)

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U.S. Court of Appeals for the Ninth Circuit - 98 F.3d 1347 (9th Cir. 1996) Submitted Oct. 7, 1996. *Decided Oct. 11, 1996

Before: BEEZER, KOZINSKI, and KLEINFELD, Circuit Judges.

MEMORANDUM** 

The United States appeals the dismissal of an information charging the defendant with juvenile delinquency under 18 U.S.C. §§ 5103-37 for having possessed a handgun or handgun ammunition in violation of 18 U.S.C. §§ 922(x) (2) and 924(a) (5) (A) (i). We recently held that the Youth Handgun Safety Act, 18 U.S.C. § 922(x) (2), does not exceed Congress's powers under the Commerce Clause. See United States v. Michael R., 90 F.3d 340, 345 (9th Cir. 1996).

Accordingly, we VACATE the district court's dismissal order and REMAND for further proceedings.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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