United States v. Tucker

Fifth Circuit

United States v. Tucker

502 F.2d 944

CourtCourt of Appeals for the Fifth Circuit

DecidedOctober 14, 1974

DocketNo. 74-2225

StatusPublished

Cited by2 cases

This text of 502 F.2d 944 (United States v. Tucker) 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.

Bluebook

United States v. Tucker, 502 F.2d 944 (5th Cir. 1974).

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Opinion

PER CURIAM:

Appellant’s assertion that 18 U. S.C. App. § 1202(a), prohibiting a convicted felon from receipt of a firearm-which has traveled in interstate commerce, does not apply to him, is without merit. He had three prior .convictions for conspiracy to violate Internal Revenue Liquor Laws (then 18 U.S.C. § 88, now 18 U.S.C. § 371), actual violation (26 U.S.C. § 5174), and possession of an illegal distillery (26 U.S.C. § 5601), all felonies. 18 U.S.C. App. § 1202(c)(2) defines a felony as:

an offense punishable by imprisonment for a term exceeding one year, but does not include any offense . classified as a misdemeanor

The statute does not distinguish between violent and non-violent felonies. Cf. [945]*945United States v. Lincoln, 4 Cir., 1973, 487 F.2d 222, cert. denied 415 U.S. 976, 94 S.Ct. 1562, 39 L.Ed.2d 872 (1974).

Appellant’s allegation that the firearm in question was illegally seized is also without merit. The gun was in plain view on the front seat of appellant’s car; under the circumstances here a warrantless search was lawful.

Affirmed.

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PER CURIAM:

Appellant’s assertion that 18 U. S.C. App. § 1202(a), prohibiting a convicted felon from receipt of a firearm-which has traveled in interstate commerce, does not apply to him, is without merit. He had three prior .convictions for conspiracy to violate Internal Revenue Liquor Laws (then 18 U.S.C. § 88, now 18 U.S.C. § 371), actual violation (26 U.S.C. § 5174), and possession of an illegal distillery (26 U.S.C. § 5601), all felonies. 18 U.S.C. App. § 1202(c)(2) defines a felony as:

an offense punishable by imprisonment for a term exceeding one year, but does not include any offense . classified as a misdemeanor

The statute does not distinguish between violent and non-violent felonies. Cf. [945]*945United States v. Lincoln, 4 Cir., 1973, 487 F.2d 222, cert. denied 415 U.S. 976, 94 S.Ct. 1562, 39 L.Ed.2d 872 (1974).

Appellant’s allegation that the firearm in question was illegally seized is also without merit. The gun was in plain view on the front seat of appellant’s car; under the circumstances here a warrantless search was lawful.

Affirmed.

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Bluebook (online)

502 F.2d 944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-tucker-ca5-1974.

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