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UNITED STATES v. LUFMAN

No. 71-1418.

457 F.2d 165 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Eugene LUFMAN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

February 23, 1972.

Attorney(s) appearing for the Case

Frank G. Whalen, Chicago, Ill., for defendant-appellant.

Will Wilson, Asst. Atty. Gen., Marshall Tamor Golding, Atty., Dept. of Justice, Washington, D. C., James R. Thompson, U. S. Atty., Chicago, Ill., Beatrice Rosenberg, Atty., U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellee; Herbert Beigel, Sp. Atty., U. S. Dept. of Justice, of counsel.

Before HASTINGS, Senior Circuit Judge, and KILEY and KERNER, Circuit Judges.

KILEY, Circuit Judge.

Defendant Eugene Lufman appeals from his conviction by a jury for violation of 18 U.S.C. App. § 1202(a) which makes it unlawful for a convicted felon to possess a firearm.

During the trial in the instant case, Lufman filed a motion to dismiss the indictment, arguing that a 1938 conviction, which the government asserted as proof of his status as a convicted felon under § 1202(a), was constitutionally void. He argued that in the...

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