STEVENS v. UNITED STATES

No. 20488.

440 F.2d 144 (1971)

Frank James STEVENS, Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee.

United States Court of Appeals, Sixth Circuit.

March 22, 1971.


Attorney(s) appearing for the Case

Paul E. Braden (Court Appointed), Corbin, Ky., for appellant.

Robert E. Rawlins, Lexington, Ky., Eugene E. Siler, Jr., U. S. Atty., Lexington, Ky., on the brief, for appellee.

Before PHILLIPS, Chief Judge, and EDWARDS and CELEBREZZE, Circuit Judges.


PHILLIPS, Chief Judge.

Two questions are presented on this appeal: (1) Is possession of a firearm by a person previously convicted of a felony a violation of federal criminal law when the indictment does not charge and the evidence does not establish that the firearm was in commerce or affected commerce? (2) If so, did Congress have the power to enact such a statute? We answer both questions in the affirmative and uphold the conviction of Frank James Stevens for violation...

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