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United States v. Jordan

United States Court of Appeals, Fourth Circuit
Jan 24, 1972
453 F.2d 884 (4th Cir. 1972)

Opinion

No. 71-1260.

January 24, 1972.

Jay J. Levit, Richmond, Va. (Beccher E. Stallard, Richmond, Va., on brief), for appellant.

David G. Lowe, Asst. U.S. Atty. (Brian P. Gettings, U.S. Atty., on brief), for appellee.

Appeal from the United States District Court for the Eastern District of Virginia.

Before HAYNSWORTH, Chief Judge, and BUTZNER and RUSSELL, Circuit Judges.


This is an appeal from a conviction, 321 F. Supp. 713, for possession of a firearm in violation of the Gun Control Act, 18 U.S.C. App. § 1202(a). The Supreme Court has recently held that a conviction under this act can be sustained only if the government has proved that the possession of the firearm was in or affecting interstate commerce. United States v. Bass, 404 U.S. 336, 92 S.Ct. 515, 30 L.Ed.2d 488 (1971). Since the government did not prove that Jordan's possession of a firearm was in or affecting interstate commerce, we reverse his conviction on the authority of Bass.

Reversed.


Summaries of

United States v. Jordan

United States Court of Appeals, Fourth Circuit
Jan 24, 1972
453 F.2d 884 (4th Cir. 1972)
Case details for

United States v. Jordan

Case Details

Full title:UNITED STATES OF AMERICA, APPELLEE v. CABELL CLAY JORDAN, APPELLANT

Court:United States Court of Appeals, Fourth Circuit

Date published: Jan 24, 1972

Citations

453 F.2d 884 (4th Cir. 1972)