United States v. Billy Joe Winer

Eighth Circuit

United States v. Billy Joe Winer

519 F.2d 256, 1975 U.S. App. LEXIS 13719

CourtCourt of Appeals for the Eighth Circuit

DecidedJuly 14, 1975

Docket75-1210

StatusPublished

Cited by7 cases

This text of 519 F.2d 256 (United States v. Billy Joe Winer) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Billy Joe Winer, 519 F.2d 256, 1975 U.S. App. LEXIS 13719 (8th Cir. 1975).

Pincite

Opinion

PER CURIAM.

The defendant challenges his conviction under § 1202(a)(1) for receiving a firearm while a convicted felon. The facts show that on October 15, 1974, defendant, a convicted felon, borrowed a firearm from a friend allegedly to protect himself during a visit to a tavern in Little Rock, Arkansas. Within fifteen minutes of the time the defendant entered the tavern, the police arrested him > in possession of the gun. The defendant challenges the receiving charge under § 1202(a) on the theory that the government proved nothing more than temporary possession and such fleeting possession cannot be the basis for a receiving charge. We disagree.

As we have decided in United States v. Kelly, 519 F.2d 251 (8th Cir, 1975), the receiving provision of § 1202(a) encompasses mere acquisition by a felon since the statute was designed for the purpose of preventing felons from acquiring a gun. It is not synonymous with a possession charge since receiving requires more than mere proof of possession. Time of the receipt and venue must be proven as well. Cf. United States v. Overshon, 494 F.2d 894 (8th Cir.), cert. denied, 419 U.S. 853, 878, 95 S.Ct. 96, 142, 42 L.Ed.2d 85, 118 (1974). The facts proven here are sufficient to sustain the conviction.

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The defendant challenges his conviction under § 1202(a)(1) for receiving a firearm while a convicted felon. The facts show that on October 15, 1974, defendant, a convicted felon, borrowed a firearm from a friend allegedly to protect himself during a visit to a tavern in Little Rock, Arkansas. Within fifteen minutes of the time the defendant entered the tavern, the police arrested him > in possession of the gun. The defendant challenges the receiving charge under § 1202(a) on the theory that the government proved nothing more than temporary possession and such fleeting possession cannot be the basis for a receiving charge. We disagree.

As we have decided in United States v. Kelly, 519 F.2d 251 (8th Cir, 1975), the receiving provision of § 1202(a) encompasses mere acquisition by a felon since the statute was designed for the purpose of preventing felons from acquiring a gun. It is not synonymous with a possession charge since receiving requires more than mere proof of possession. Time of the receipt and venue must be proven as well. Cf. United States v. Overshon, 494 F.2d 894 (8th Cir.), cert. denied, 419 U.S. 853, 878, 95 S.Ct. 96, 142, 42 L.Ed.2d 85, 118 (1974). The facts proven here are sufficient to sustain the conviction.

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

519 F.2d 256, 1975 U.S. App. LEXIS 13719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-billy-joe-winer-ca8-1975.

Opinion

Related

Cite This Page — Counsel Stack