District Court, M.D. Pennsylvania January 15, 2002, 3:CR-98-295 (United States v. Swida)

MEMORANDUM

YANASKIE, 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.