Opinion
No. 71-1553.
January 19, 1972.
Barbara C. Westmoreland, Court-appointed, and Westmoreland, Sawyer Schoonmaker, on brief for appellant.
William L. Osteen, U.S. Atty., and J. Howard Coble, Asst. U.S. Atty., on brief for appellee.
Appeal from the United States District Court for the Middle District of North Carolina.
Before HAYNSWORTH, Chief Judge, and BUTZNER and RUSSELL, Circuit Judges.
Pete Junior Langley is appealing his conviction for possession of a firearm in violation of the Gun Control Act, 18 U.S.C. App. § 1202(a). The Supreme Court has recently held that a conviction under this act can be sustained only if the government has proved that the possession of the firearm was in or affecting interstate commerce. United States v. Bass, 404 U.S. 336, 92 S.Ct. 515, 30 L.Ed.2d 488 (1971). Since the government did not prove that Langley's possession of a firearm was in or affecting interstate commerce, we reverse his conviction on the authority of Bass.
Reversed.