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U.S. v. Gardner

United States Court of Appeals, Ninth Circuit
Feb 27, 2002
31 F. App'x 476 (9th Cir. 2002)

Opinion


31 Fed.Appx. 476 (9th Cir. 2002) UNITED STATES of America, Plaintiff--Appellee, v. Cliff GARDNER, Defendant--Appellant. No. 01-10148. D.C. No. CR-00-00117-HDM/RAM. United States Court of Appeals, Ninth Circuit. February 27, 2002

Argued and Submitted February 15, 2002.

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the District of Nevada Howard D. McKibben, District Judge, Presiding.

Page 477.

Before D.W. NELSON, NOONAN and HAWKINS, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

We have jurisdiction pursuant to 28 U.S.C. § 1291. The decision of the district court is AFFIRMED.

Appellant ("Mr. Gardner") argues that Article III courts do not have jurisdiction to interpret or apply the property clause of Article IV of the United States Constitution with respect to citizens of admitted states. With a wealth of legal learning, Gardner has sought to demonstrate the soundness of his contentions. If he were right, it would be a jurisprudential revolution. Only the United States Supreme Court has the power to make such a fundamental readjustment of the law. We have considered Mr. Gardner's arguments and hold that the district court properly exercised jurisdiction over this case, which arose under the "Laws of the United States." U.S. Const. Art. III, § 2. Article III courts are empowered to interpret the Property Clause of Article IV of the United States Constitution and the laws and regulations promulgated by Congress pursuant to Article IV. See, e.g., United States v. Gardner, 107 F.3d 1314 (9th Cir.1997) (interpreting Property Clause). The Appellant presents no facts supporting his other allegations of constitutional violations. AFFIRMED


Summaries of

U.S. v. Gardner

United States Court of Appeals, Ninth Circuit
Feb 27, 2002
31 F. App'x 476 (9th Cir. 2002)
Case details for

U.S. v. Gardner

Case Details

Full title:UNITED STATES of America, Plaintiff--Appellee, v. Cliff GARDNER…

Court:United States Court of Appeals, Ninth Circuit

Date published: Feb 27, 2002

Citations

31 F. App'x 476 (9th Cir. 2002)

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