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UNITED STATES v. ROSE

No. 77-1046.

562 F.2d 409 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. James Lee ROSE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 28, 1977.

Attorney(s) appearing for the Case

Gil I. Berry, Jr., Indianapolis, Ind., for defendant-appellant.

James B. Young, U. S. Atty., John L. Hudgins, Asst. U. S. Atty., Indianapolis, Ind., for plaintiff-appellee.

Before CUMMINGS, PELL and TONE, Circuit Judges.

PER CURIAM.

Defendant-appellant, James Lee Rose, was convicted after a bench trial of unlawful receipt by a convicted felon of a firearm which had moved in interstate commerce, a violation of 18 U.S.C. § 922(h).** The district court imposed a sentence of three years and this appeal followed.

Rose contends that the government failed to prove a necessary element of the offense charged...

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