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

United States v. Gary Bowdach

U.S. Court of Appeals for the Fifth Circuit · Decided January 20, 1972 · Brown, Ingraham, Roney, Cii'Cuit

454 F.2d 728; 1972 U.S. App. LEXIS 11723 (Federal Reporter, Second Series)

Counsel

Daniel S. Pearson, Miami, Fla., Alan M. Medof, Pearson & Josefsberg, P. A., Miami, Fla., for defendant-appellant., Robert W. Rust, U. S. Atty., James H. Walsh, Sidney M. Glazer, Ronald G. Scheraga, Beatrice Rosenberg, Roger A. Pauley, Attys., Department of Justice, Washington, D. C., Erwin N. Griswold, Sol. Gen., Will Wilson, Asst. Atty. Gen., Samuel Huntington, Asst. Sol. Gen., for plaintiff-appellee.

Cases that cite this one

2 later published cases cite this decision.

Ex parte Garcia (Tex. Crim. App. 1978)
United States v. Bowdach (United States District Court for the Southern District of Florida 1976)

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:

Defendant, a previously convicted felon, was indicted and convicted of willfully and knowingly possessing a firearm in violation of 18 U.S.C. App. § 1202 (a). The conviction must be reversed because the government neither alleged nor proved that the firearm was possessed “in commerce or affecting commerce,” as required by the recent decision of the United States Supreme Court in United States v. Bass, 404 U.S. 336, 92 S.Ct. 515, 30 L.Ed.2d 488.

Reversed.

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