Marvin Paul Elliott v. Dr. George J. Beto, Director, Texas Department of Corrections

Fifth Circuit

Marvin Paul Elliott v. Dr. George J. Beto, Director, Texas Department of Corrections

419 F.2d 128, 1969 U.S. App. LEXIS 9852

CourtCourt of Appeals for the Fifth Circuit

DecidedDecember 2, 1969

Docket28231

StatusPublished

Cited by3 cases

This text of 419 F.2d 128 (Marvin Paul Elliott v. Dr. George J. Beto, Director, Texas Department of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Marvin Paul Elliott v. Dr. George J. Beto, Director, Texas Department of Corrections, 419 F.2d 128, 1969 U.S. App. LEXIS 9852 (5th Cir. 1969).

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Opinion

PER CURIAM:

Marvin Paul Elliott has appealed from the district court’s dismissal of his petition for habeas corpus. 1

The case and the applicable law are well stated in the district court’s order as follows:

“The petitioner was convicted under the provisions of Texas Penal Code Section 489(e) [489c], which makes it a crime for one who has been convicted of burglary, robbery, or a felony involving an act of violence with a firearm, to have a pistol in his possession away from his home. The petitioner’s sole contention in the instant petition is that Section 489(c) [489c] is unconstitutional. The contention is without merit. The Texas Court of Criminal Appeals has found the statute to be constitutional, Castillo v. State, 411 S.W.2d 741 (Tex.Crim.App. 1967). Similar federal legislation placing reasonable restrictions on the possession and use of firearms has also been held constitutional. 18 U.S.C. Sec. 922 (e), (f) (former Section 902, 15 U.S.C.). United States v. [Lauchli] Lauchi, 371 F.2d 303 (7 CA 1966); Smith v. United States, 312 F.2d 119 (10 CA 1963); Brown v. Clark, 274 F.Supp. 95 (E.D.La. 1967).”

Finding no error, we affirm the judgment appealed from.

Affirmed.

1

. Pursuant to Rule 18 of the Rules of this Court, we have concluded on the merits that this case is of such character as not to justify oral argument and have directed the clerk to place the case on the Summary Calendar and to notify the parties in writing. See Murphy v. Houma Well Service, 5 Cir., 1969, 409 F.2d 804, Part I; and Huth v. Southern Pacific Company, 5th Cir., 1969, 417 F.2d 526 [Oct. 7, 1969].

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PER CURIAM:

Marvin Paul Elliott has appealed from the district court’s dismissal of his petition for habeas corpus. 1

The case and the applicable law are well stated in the district court’s order as follows:

“The petitioner was convicted under the provisions of Texas Penal Code Section 489(e) [489c], which makes it a crime for one who has been convicted of burglary, robbery, or a felony involving an act of violence with a firearm, to have a pistol in his possession away from his home. The petitioner’s sole contention in the instant petition is that Section 489(c) [489c] is unconstitutional. The contention is without merit. The Texas Court of Criminal Appeals has found the statute to be constitutional, Castillo v. State, 411 S.W.2d 741 (Tex.Crim.App. 1967). Similar federal legislation placing reasonable restrictions on the possession and use of firearms has also been held constitutional. 18 U.S.C. Sec. 922 (e), (f) (former Section 902, 15 U.S.C.). United States v. [Lauchli] Lauchi, 371 F.2d 303 (7 CA 1966); Smith v. United States, 312 F.2d 119 (10 CA 1963); Brown v. Clark, 274 F.Supp. 95 (E.D.La. 1967).”

Finding no error, we affirm the judgment appealed from.

Affirmed.

1

. Pursuant to Rule 18 of the Rules of this Court, we have concluded on the merits that this case is of such character as not to justify oral argument and have directed the clerk to place the case on the Summary Calendar and to notify the parties in writing. See Murphy v. Houma Well Service, 5 Cir., 1969, 409 F.2d 804, Part I; and Huth v. Southern Pacific Company, 5th Cir., 1969, 417 F.2d 526 [Oct. 7, 1969].

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419 F.2d 128, 1969 U.S. App. LEXIS 9852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marvin-paul-elliott-v-dr-george-j-beto-director-texas-department-of-ca5-1969.

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