United States v. Gary Bowdach

454 F.2d 728, 1972 U.S. App. LEXIS 11723
Court of Appeals for the Fifth Circuit·Decided January 20, 1972·No. 71-1080·Published·Cited by 2 cases

Opinion

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.

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United States v. Gary Bowdach, 454 F.2d 728, 1972 U.S. App. LEXIS 11723 (5th Cir. 1972).

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Related

Ex parte Garcia
560 S.W.2d 948 (Court of Criminal Appeals of Texas, 1978)
United States v. Bowdach
414 F. Supp. 1346 (S.D. Florida, 1976)