UNITED STATES v. HARP

No. 71-1426.

454 F.2d 1161 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Orlando Pershing HARP, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 31, 1972.


Attorney(s) appearing for the Case

John Fashing, El Paso, Tex., (court appointed) for defendant-appellant.

Victor K. Sizemore, Ralph E. Harris, Asst. U. S. Attys., El Paso, Tex., William S. Sessions, U. S. Atty., San Antonio, Tex., Edward S. Marquez, Asst. U. S. Atty., El Paso, Tex. for plaintiff-appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.


PER CURIAM:

Orlando Pershing Harp was convicted under a single-count indictment for knowingly possessing a firearm in violation of 18 U.S.C. App. § 1202(a)(1). The statute punishes a previously convicted felon who "receives, possesses, or transports in commerce or affecting commerce .... any firearm". 18 U.S.C. App. § 1202(a)(1). Subsequent to oral argument in this appeal, the Supreme Court held that this statute does not reach mere possession of firearms...

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