Woodruff

ORDER

Pending before the court is defendant’s FRCrP 29 motion for judgment of acquittal. On May 23, 1996, the court issued a tentative decision granting defendant’s motion. The court also invited the parties to submit further memoranda .in light of that tentative decision and ordered them to appear for a hearing on July 2,1996. At that hearing, the government, in addition to addressing the merits of the court’s tentative decision, requested léave to file a motion to detain defendant pending appeal of the court’s order. Briefing on the government’s detention motion was completed August 2, 1996. For the reasons described below, the court now GRANTS defendant’s motion for acquittal and GRANTS the government’s motion to detain defendant pending appeal.

I

In United States v. Lopez, —— U.S.-, 115 S.Ct. 1624 , 131 L.Ed.2d 626 (1995), the United States Supreme Court, for the first time in two generations, struck down an act of Congress as falling outside the outer limit of Congress’ power under the Commerce Clause. In so doing, the Court reaffirmed the importance of the dual-sovereign nature of our system of government:

Id. at-, 115 S.Ct. at 1638 (Kennedy, J. and O’Connor, J.,…