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UNITED STATES v. O'NEILL

No. 885, Docket 72-1380.

467 F.2d 1372 (1972)

UNITED STATES of America, Plaintiff-Appellant, v. Arthur E. O'NEILL, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 21, 1972.

Attorney(s) appearing for the Case

Alfred R. Tyminski, Asst. U. S. Atty. (James M. Sullivan, Jr., U. S. Atty., N. D. New York, Syracuse, N. Y., of counsel), for plaintiff-appellant.

Moses L. Goldbas, Utica, N. Y. (Goldbas & Goldbas, Utica, N. Y., of counsel), for defendant-appellee.

Before MANSFIELD and TIMBERS, Circuit Judges, and GURFEIN, District Judge.

MANSFIELD, Circuit Judge.

This appeal by the Government from the dismissal of an indictment charging a violation of the gun control provisions of the Omnibus Crime Control and Safe Streets Act of 1968 raises a straightforward legal question: Must the Government allege and prove a nexus with interstate commerce in order to charge a violation of §§ 922(a) (6) and 924(a)1 of that Act? The district court concluded that it did. We...

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