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UNITED STATES v. DANIELS

No. 25297.

431 F.2d 697 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Lane Dale DANIELS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

September 8, 1970.

Attorney(s) appearing for the Case

Bernard G. Winsberg (argued), Los Angeles, Cal., for defendant-appellant.

David P. Curnow (argued), Asst. U. S. Atty., Robt. L. Meyer, U. S. Atty., David R. Nissen, Chief, Criminal Division, Los Angeles, Cal., for plaintiff-appellee.

Before CHAMBERS and HUFSTEDLER, Circuit Judges, and PECKHAM, District Judge.

PER CURIAM:

Defendant appeals from his conviction for violating 18 U.S.C.App. § 1202 (convicted felon's possession of a firearm). He contends that: (1) the statute is unconstitutional, because it purports to reach wholly intrastate transactions, and it is therefore beyond the scope of the Commerce Clause; and (2) the Government failed to prove that the firearm he possessed was in commerce or affected commerce, which is an element of the offense. We reject both...

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