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United States v. Langley

United States Court of Appeals, Fourth Circuit
Jan 19, 1972
453 F.2d 1254 (4th Cir. 1972)

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.


Summaries of

United States v. Langley

United States Court of Appeals, Fourth Circuit
Jan 19, 1972
453 F.2d 1254 (4th Cir. 1972)
Case details for

United States v. Langley

Case Details

Full title:UNITED STATES OF AMERICA, APPELLEE v. PETE JUNIOR LANGLEY, APPELLANT

Court:United States Court of Appeals, Fourth Circuit

Date published: Jan 19, 1972

Citations

453 F.2d 1254 (4th Cir. 1972)