United States v. Bowdach

Full title: UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. GARY BOWDACH…

Court: United States Court of Appeals, Fifth Circuit

Date published: Jan 20, 1972

454 F.2d 728 (5th Cir. 1972)

Opinion

No. 71-1080. Summary Calendar.^_

_ Rule 18, 5th Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co.; of New York et al., 5th Cir. 1970, 431 F.2d 409, Part I.

January 20, 1972.

Daniel S. Pearson, Miami, Fla., Alan M. Medof, Pearson Josefsberg, P. A., Miami, Fla., for defendant-appellant.

Robert W. Rust, U.S. Atty., James H. Walsh, Sidney M. Glazer, Ronald G. Scheraga, Beatrice Rosenberg, Roger A. Pauley, Attys., Department of Justice, Washington, D.C., Erwin N. Griswold, Sol. Gen., Will Wilson, Asst. Atty. Gen., Samuel Huntington, Asst. Sol. Gen., for plaintiff-appellee.

Appeal from the United States District Court for the Southern District of Florida.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

PER CURIAM:

Defendant, a previously convicted felon, was indicted and convicted of willfully and knowingly possessing a firearm in violation of 18 U.S.C. App. § 1202(a). The conviction must be reversed because the government neither alleged nor proved that the firearm was possessed "in commerce or affecting commerce," as required by the recent decision of the United States Supreme Court in United States v. Bass, 404 U.S. 336, 92 S.Ct. 515, 30 L.Ed.2d 488.

Reversed.