U.S. Court of Appeals for the Fourth Circuit, 1972

United States v. Cabell Clay Jordan

United States v. Cabell Clay Jordan
U.S. Court of Appeals for the Fourth Circuit · Decided January 24, 1972 · Haynsworth, Butzner, Russell
453 F.2d 884; 1972 U.S. App. LEXIS 11665 (Federal Reporter, Second Series)

United States v. Cabell Clay Jordan

Opinion

PER CURIAM:

This is an appeal from a conviction, 321 F.Supp. 713, for possession of a firearm in violation of the Gun Control Act, 18 U.S.C. App. § 1202(a). The Supreme Court has recently held that a conviction under this act can be sustained only if the government has proved that the possession of the firearm was in or *885 affecting interstate commerce. United States v. Bass, 404 U.S. 336, 92 S.Ct. 515, 30 L.Ed.2d 488 (1971). Since the government did not prove that Jordan’s possession of a firearm was in or affecting interstate commerce, we reverse his conviction on the authority of Bass.

Reversed.

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