UNITED STATES v. SMITH

No. 14637.

433 F.2d 341 (1970)

UNITED STATES of America, Appellee, v. James Willie SMITH, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 20, 1970.


Attorney(s) appearing for the Case

C. C. Malone, Jr., Durham, N. C. (Court-appointed counsel) [Pearson, Malone, Johnson and Dejarmon, Durham, N. C., on the brief], for appellant.

William L. Osteen, U. S. Atty. (Bradley J. Cameron, Asst. U. S. Atty., on the brief), for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and BOREMAN, Circuit Judges.


PER CURIAM:

This appeal is taken from a conviction of interstate transportation of firearms in violation of 15 U.S.C.A. § 902(e). Appellant questions the timeliness of the indictment, since that section was repealed by the Gun Control Act of 1968, Public Law 90-351, 82 Stat. 197, prior to the indictment, but after the offense occurred.

The appellant first contends that a deadline for commencing prosecution was imposed by section 907 of the superseding...

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