United States v. Roger Douglas Greison

Ninth Circuit

United States v. Roger Douglas Greison

453 F.2d 1307, 1972 U.S. App. LEXIS 11768

CourtCourt of Appeals for the Ninth Circuit

DecidedJanuary 19, 1972

Docket26885

StatusPublished

This text of 453 F.2d 1307 (United States v. Roger Douglas Greison) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth 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. Roger Douglas Greison, 453 F.2d 1307, 1972 U.S. App. LEXIS 11768 (9th Cir. 1972).

Pincite

Opinion

PER CURIAM:

The appellant, Roger Douglas Greison, was charged with possessing a firearm after having been convicted of a felony in violation of 18 U.S.C. App. § 1202(a). He was found guilty by a jury and sentence was imposed.

No proof was offered at the trial that the firearm in the possession of appel *1308 lant was “in commerce or affecting commerce.” The government relied on previous decisions of this court, contending that no such evidence was necessary, and the district court ruled accordingly.

In United States v. Bass, 404 U.S. 336, 92 S.Ct. 515, 30 L.Ed.2d 488 (1971), the Supreme Court held that in prosecutions under the act with which we are concerned, there must be “some demonstrated nexus with interstate commerce” before a conviction may be sustained.

We must remand to the district court for further consideration in light of Bass.

Remanded.

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