UNITED STATES OF AMERICA, APPELLEE,
v.
JOHN WYATT MULLINS, JR., APPELLANT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the government need only prove the firearm previously traveled in interstate commerce, not a direct nexus between possession and commerce.
The defendant, a convicted felon, was found in possession of a firearm. The firearm had previously been transported in interstate commerce. The defend…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Possession Of A Firearm By A Convicted Felon cases and more on FLexlaw
PER CURIAM:
Having before been convicted of a felony, John Wyatt Mullins, Jr. on February 11, 1972 in Martinsville, Virginia, was found in possession of a .32 caliber Clarke revolver. Thereafter he was convicted in the District Court of a violation of 18 U.S.C. App. 1202(a), punishing any felon “who receives, possesses, or transports in commerce or affecting commerce . any firearm. . . . ”
In addition to his possession of the revolver, the undisputed evidence showed that it had been transported from Santa Monica, California to Atlanta, Georgia on March 12, 1971, and from there shipped on September 30, 1971 to a department store in Martinsville. ' The trial court charged the jury ‘-‘that the Government may meet its burden of proving a connection between commerce and the receipt or possession of a firearm by a convicted felon if it is demonstrated that the firearm received or possessed by a convicted felon had previously traveled in interstate commerce”. On Mullins’ appeal this instruction is assigned as reversible error. His point is that the Government had to establish a nexus between the receipt or possession of the revolver and its movement in interstate commerce, and none was proved.
We think the instruction was correct and the verdict of guilty thereunder unimpeachable. United States v. Bass, 404 U.S. 336, 350, 92 S.Ct. 515, 30 L.Ed.2d 488 (1971); United States v. Brown, 472 F. 2d 1181 (6 Cir., 1973); United States v. Giannoni, 472 F. 2d 136 (9 Cir., 1973).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
-
United States v. Calhoun, 510 F.2d 861 (7th Cir. 1975)
-
United States v. Marihart, 492 F.2d 897 (8th Cir. 1974)
-
United States v. Marce Bell, 524 F.2d 202 (2d Cir. 1975)
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- United States v. Bass, 404 U.S. 336 (U.S. 1971)
- United States v. Brown, 472 F.2d 1181 (6th Cir. 1973)
- United States v. Giannoni, 472 F.2d 136 (9th Cir. 1973)