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UNITED STATES v. BOWDACH

No. 71-1080 Summary Calendar.

454 F.2d 728 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Gary BOWDACH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 20, 1972.

Attorney(s) appearing for the Case

Daniel S. Pearson, Miami, Fla., Alan M. Medof, Pearson & Josefsberg, P. A., Miami, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., James H. Walsh, Sidney M. Glazer, Ronald G. Scheraga, Beatrice Rosenberg, Roger A. Pauley, Attys., Department of Justice, Washington, D. C., Erwin N. Griswold, Sol. Gen., Will Wilson, Asst. Atty. Gen., Samuel Huntington, Asst. Sol. Gen., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

PER CURIAM:

Defendant, a previously convicted felon, was indicted and convicted of willfully and knowingly possessing a firearm in violation of 18 U.S.C. App. § 1202 (a). The conviction must be reversed because the government neither alleged nor proved that the firearm was possessed "in commerce or affecting commerce," as required by the recent decision of the United States Supreme Court in United States v. Bass, 404 U.S. 336,...

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