U.S. Court of Appeals for the Ninth Circuit, 1970

United States v. Lane Dale Daniels

U.S. Court of Appeals for the Ninth Circuit · Decided September 8, 1970 · Chambers, Hufsted-Ler, Peckham, Per Curiam

431 F.2d 697; 1970 U.S. App. LEXIS 7431 (Federal Reporter, Second Series)

Counsel

Bernard G. Winsberg (argued), Los Angeles, Cal., for defendant-appellant., David P. Curnow (argued), Asst. U. S. Atty., Robt. L. Meyer, U. S. Atty., David R. Nissen, Chief, Criminal Division, Los Angeles, Cal., for plaintiff-appellee.

Cases that cite this one

13 later published cases cite this decision.

United States v. Bass (Supreme Court of the United States 1971)
United States v. Hayden Thopless Crow (9th Cir. 1971)
United States v. James William Donofrio (5th Cir. 1972)
United States v. Dale Einar Synnes (8th Cir. 1971)
Frank James Stevens v. United States (6th Cir. 1971)
United States v. Marce Bell (2d Cir. 1975)
United States v. Williams (District Court, N.D. Indiana 1974)
United States v. Frank McKinnley Brown, Jr. (6th Cir. 1973)
United States v. Snell (District Court, D. Maryland 1973)
United States v. Carl P. Fiorito (7th Cir. 1972)
United States v. Tranquillo (United States District Court for the Middle District of Florida 1971)
United States v. John Richard Liles (9th Cir. 1970)
United States v. Denneth Bass (2d Cir. 1970)

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 appeals from his conviction for violating 18 U.S.C.App. § 1202 (convicted felon’s possession of a firearm). He contends that: (1) the statute is unconstitutional, because it purports to reach wholly intrastate transactions, and it is therefore beyond the scope of the Commerce Clause; and (2) the Government failed to prove that the firearm he possessed was in commerce or affected commerce, which is an element of the offense. We reject both contentions.

The numerous cases expanding the Commerce Clause to embrace local activities, when those activities bear even tangentially on interstate commerce defeat defendant’s constitutional argument. E. g., Maryland v. Wirtz (1968) 392 U.S. 183, 88 S.Ct. 2017, 20 L.Ed.2d 1020; Katzenbach v. McClung (1964) 379 U.S. 294, 85 S.Ct. 377, 13 L.Ed.2d 290; Wickard v. Filburn (1942) 317 U.S. 111, 63 S.Ct. 82, 87 L.Ed. 122; United States v. Biancofiori (7th Cir. 1970) 422 F.2d 584.

We hold that the fact that the firearm was in commerce or affected commerce is not an element of the offense stated in section 1202, adopting the rationale of United States v. Bass (S.D.N.Y. 1970) 308 F.Supp. 1385.

The judgment is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.