U.S. Court of Appeals for the Fourth Circuit, 1974

United States v. Ollie Herman Lincoln, Jr.

U.S. Court of Appeals for the Fourth Circuit · Decided March 18, 1974 · Bryan, Per Curiam, Russell, Widener

487 F.2d 222 (Federal Reporter, Second Series)

Counsel

Arthur M. Reynolds, Washington, D. C. (Arthur G. Murphy, Sr., Baltimore, Md., on brief), for appellant., Michael E. Marr, Asst. U. S. Atty. (George Beall, U. S. Atty., on brief), for appellee.

Cases that cite this one

2 later published cases cite this decision. The 1 that cite it most often are listed here.

United States v. Tucker (5th Cir. 1974)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

Convicted under 18 U.S.C. App. § 1202(a) of possessing and receiving firearms in interstate commerce after having previously (on October 17, 1968) been convicted of a felony, Ollie Herman Lincoln, Jr. appeals. His only substantial assignments of error are: (1) that, admittedly, one of the three weapons described in the one-count indictment had not been transported in interstate commerce since the enactment of the criminal statute on June 19, 1968; and (2) that the felony of which he had been convicted was wilful tax evasion, 26 U. S.C. § 7201, not a crime of violence and, therefore, not the type of felony contemplated by the statute.

On consideration of the record and arguments of counsel, orally and on brief, we find the assignment of error without merit and affirm the conviction. United States v. Giannoni, 472 F.2d 136 (9 Cir.), cert, denied 411 U.S. 935, 93 S.Ct. 1911, 36 L.Ed.2d 396 (1973); see United States v. Mullins, 476 F.2d 664 (4 Cir. 1973); 18 U.S.C. App. § 1202(c)(2) defining “felony”; United States v. Mancino, 474 F.2d 1240 (8 Cir.), cert, denied, 412 U.S. 953, 93 S.Ct. 3020, 37 L.Ed.2d 1007 (1973).

Affirmed.

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