United States v. Marvin McCall

482 F.2d 936

• Court: Court of Appeals for the Fifth Circuit
• Decided: September 7, 1973
• Docket: 73-1513
• Status: Published

Opinion

PER CURIAM:

The district court’s order denying appellant McCall’s post-sentence motion for commitment for treatment under the Narcotic Addict Rehabilitation Act, 18 U.S.C. § 4251 et seq., was correct. Appellant had two prior felony convictions in Florida for possession of cocaine, in violation of 398.03 Florida Statutes, and for carrying a concealed weapon, in violation of 790.01 Florida Statutes, and thus was ineligible under 18 U.S.C. § 4251(f)(4) for NARA commitment. 1

Affirmed.

1 . The pertinent provision of 18 U.S.C. § 4251 reads:

“(f) ‘Eligible offender’ . . . does not ’include—

(4) an offender who has been convicted of a felony on two or more prior occasions.”