Alderman

Background

Cedrick Alderman was arrested in 2005 during a sting operation involving an attempted controlled purchase of cocaine. Officers were aware that Alderman had been previ- UNITED STATES v. ALDERMAN 5625 ously convicted of felony robbery.1 [see SER 7-9]. The arrest- ing officer discovered that Alderman was wearing a bullet- proof vest. [SER 36]. Alderman was booked for possession of the vest and for violating the conditions of his supervision. [See Dkt. 33].

Because Washington state law does not criminalize felon possession of body armor, the matter was referred to the fed- eral authorities. Alderman was indicted under 18 U.S.C. § 931(a), which makes it unlawful for a person convicted of a felony involving a “crime of violence” to possess body armor. See James Guelff and Chris McCurley Body Armor Act of 2002, § 11009(e)(2)(A), 18 U.S.C. § 931 (criminaliz- ing the possession of body armor by felons as of Nov. 2, 2002).

Alderman filed a motion to suppress certain evidence.2 He also sought dismissal of the indictment on various grounds, including that the statute was unconstitutional because its enactment exceeded Congress’s authority under the Com-…