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e reading, even if permissible, would very likely exceed the Commerce Clause power as the Supreme Court presently construes it. In United States v. Lopez, 514 U.S. 549 (1995), the Supreme Court struck down the Gun- Free School Zones Act, holding that it exceeded Congress's Commerce Clause authority. I
a phone) as the vehicle of the inducement. See, e.g., United States v. Mune!, 368 17.3d 1283, 1286 (11th Cir. 2004) (government must ... prove that Murrell, using the intemet, acted with a specific intent to persuade a means to engage in unlawful sex). In fact, we have reviewed every indictment filed i
11° Cir. 1999); United States v. Rojas, 145 Fed. Appx. 647 (11° Cir. 2005); United States it Root, 296 F.3d 1222 (11th Cir. 2002). United States it Murrell, 368 F3d 1283 (11th Cir. 2004), is in the same mold, except that, in that sting operation, the defendant communicated, not with the purported 13 yea
tutory phrase. See, e.g., United States v. Garcia-Lopez, 234 F.3d 217, 220 n.3 (5th Cir. 2000); United S
acility (the mail, phone, or intemet)—not thereafter—and the scienter element must be present while the facility is being used. See United States v. Murrell, 368 F.3d 1283, 1286 (11th Cir. 2004) ("[T]he government must first prove that [Defendant], using the Internet, acted with a specific intent to per
tutory phrase. See, e.g., United States v. Garcia-Lopez, 234 F.3d 217, 220 n.3 (5th Cir. 2000); United S
acility (the mail, phone, or intemet)—not thereafter—and the scienter element must be present while the facility is being used. See United States v. Murrell, 368 F.3d 1283, 1286 (11th Cir. 2004) ("[T]he government must first prove that [Defendant], using the Internet, acted with a specific intent to per
tutory phrase. See, e.g., United States v. Garcia-Lopez, 234 F.3d 217, 220 n.3 (5th Cir. 2000); United S
acility (the mail, phone, or intemet)—not thereafter—and the scienter element must be present while the facility is being used. See United States v. Murrell, 368 F.3d 1283, 1286 (11th Cir. 2004) ("[T]he government must first prove that [Defendant], using the Internet, acted with a specific intent to per
tutory phrase. See, e.g., United States v. Garcia-Lopez, 234 F.3d 217, 220 n.3 (5th Cir. 2000); United S
acility (the mail, phone, or intemet)—not thereafter—and the scienter element must be present while the facility is being used. See United States v. Murrell, 368 F.3d 1283, 1286 (11th Cir. 2004) ("[T]he government must first prove that [Defendant], using the Internet, acted with a specific intent to per
tutory phrase. See, e.g., United States v. Garcia-Lopez, 234 F.3d 217, 220 n.3 (5th Cir. 2000); United S
acility (the mail, phone, or intemet)—not thereafter—and the scienter element must be present while the facility is being used. See United States v. Murrell, 368 F.3d 1283, 1286 (11th Cir. 2004) ("[T]he government must first prove that [Defendant], using the Internet, acted with a specific intent to per
ive reading, even if permissible, would very likely exceed the Commerce Clause power as the Supreme Court presently construes it. In United States' Lopez, 514 U.S. 549 (1995), the Supreme Court struck down the Gun- Free School Zones Act, holding that it exceeded Congress's Commerce Clause authority. I
.3di261 (11*Cir. 1 ); United States Rojas, 145 Fed. Appx. 647 (I Id' Cir. 005); United States Root, 296 F.3d 1222 (11* Cir. 200 ). United States' Murrell, 368 F.3d 1283 (11* Cir. 2004), is in the same mold, except that, in that sting operation, the defendant communicated, not with the purported 13 yea
ation is addressed. After all, it is a first principle th t the Constitution creates a federal government of enumerated powers. See United Slates'. Lopez, 514 U.S. 549, 552 (1995) ("Just as the separation and independence of the coordinate branches of the Federal Government serve to prevent the accum
61 (11th Cir. 1949); United States Rojas, 145 Fed. Appx. 647 (11th Cir. 05); United States I Root, 296 F.3d 1222 (11'h Cir. 200 ). United States I Murrell, 368 F.3d 1283 (11th Cir. 2004), is in the same mold, except that, in that tiling operation, the defendant communicated, not with the purported 13 y
e reading, even if permissible, would very likely exceed the Commerce Clause power as the Supreme Court presently construes it. In United States v. Lopez, 514 U.S. 549 (1995), the Supreme Court struck down the Gun- Free School Zones Act, holding that it exceeded Congress's Commerce Clause authority. I
a phone) as the vehicle of the inducement. See, e.g., United States v. Murrel, 368 F.3d 1283, 1286 (11ih Cir. 2004) (government must ... prove that Murrell, using the intemet, acted with a specific intent to persuade a means to engage in unlawful sex). In fact, we have reviewed every indictment filed i
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